The Research On Daily Household Matters Authority

The daily household matters authority is a kind of system derived from Spouse Right, which is not defined in our current law system. The daily household matters authority is originated from ancient Roma law, and nowadays is succeed by lots of continental legal system countries. It’s meaning changes gradually with the changes of times. At first, only wife has the daily household matters authority. But now both the husband and wife have authority.On the nature of the daily household matters authority, academic circles have not reached a consensus. The appointment theory and representation theory are washed out by times. Agency by estoppels’theory confuses the daily household matters authority and the agency by estoppels’theory. Agency by estoppels is a type of unauthorized agency, but the daily household matters authority is not. In fact, the daily household matters authority. However, there are differences between the daily household matters authority and the legal agent. Therefore, this thesis agrees that the agent right to the daily domestic housework is a special form of legal agentWith the test of time and practice and the discussions by scholars again and again, the main body of the daily household matters authority has been reached a consensus in general. The subject of the daily household matters authority should be the legal couples. When living apart, the couples should not have the daily household matters authority. And "couples" of putative marriage is also not. On the scope of the daily household matters authority, there are many theories, but I approve the model of principles and exceptive rules. The daily household matters authority has both inward effect and outward effect. Couples should bear related responsibility to the family’s debts from daily household matters; the third party claims joint and several liability. At last, when couples divorced, the daily household matters authority should be abolished.Modern daily household matters authority is the result of legal system flourishing and social progress and a new-type sign of conjugal relation. Therefore it is legislated to confirm by more countries. Although regulation of article17of "the Explanation of Marriage Law ",which is passed by the Supreme People’s Court of our country on December25,2001has not adopted the concept of the daily household matters authority, it has reflected the spirit of the daily household matters authority tentatively. This is a great break-through to the traditional marriage potency of our country, is the further perfection of the legal system of marriage and family of our country, and offers the legal basis for dealing carefully with dispute that happens because of couple’s wielding co-property. Even so, it still has a lot of weak points. This paper carries on comparatively overall discussion and analysis of the daily household matters authority, legislates to give some suggestion in perfecting our law on using experience of other countries’advanced law according to current defect and deficiency.