The Research On Agent Right Of Daily Family Affairs

The right of daily family agent is an important part of family law, enjoy the right of daily family agent through mutual regulation between husband and wife, not only can improve the efficiency of husband and wife, family affairs and safeguard the security of transactions, even to promote harmonious and stable economic order and society have a role play a decisive role. For the right of daily family agent, whether civil or common law, there is a longer history of practice, but also the accumulation of experience considerable. However our country has not the right to make clear rules, there is only several times in the legislation of expert proposal. Sure we all know, the law is based on certain economic basis, economic standard of living in a certain period of time the law will promote economic development reflects correctly, otherwise can hinder economic development. Some scholars think that the right of daily family agent originated in the slave society, the development of the system in the capitalist countries, basic national conditions are not suitable for our country. However, the author thinks that, with the development of economy in China, the matrimonial property has become more and more diversified, China has come to make provision for the daily chores agency. Especially in recent years, some more and more involved in the daily family work in China in the divorce case, because there is no uniform standard, the court is often Different people, different views. in dealing with similar problems, and even the emergence of similar cases in different regions of the verdict be quite different situations.Some scholars believe that the Supreme People’s court "about some problems of the use of marriage law of the people’s Republic of China> interpretation of<a>"couple daily chores agency problem slightly related," the husband or wife in the daily need to deal with the common property of the couple, equal rights. The provisions of this law, the joint property of husband and wife, any party shall have the right to decide "[the Supreme People’s court" about the use of people’s Republic of China Marriage Law "interpretation of several issues"<a> seventeenth;] this clause can be used as the basis for daily family dispute. However, the explanation is too simple and vague, service level is lower, so the little practical problem solving.This paper will spread out from six parts. The first part is to the right of daily family agent is introduced, including the daily chores agent connotation, historical origin and nature of daily household matters and the right of daily family agent value; the second part is about the daily family work right of agent, is to solve the daily household matters authority to exercise by the WHO and the exercise of the right of daily family agent after the obligations undertaken by who, through careful screening, the legal marriage and factual marriage relationships can enjoy the conclusion; the third part is about the right of daily family agent in what range of exercise problems, namely, the scope of daily household affairs. The scope of daily household affairs differ in thousands of ways, if left unchecked, will make the daily chores exercise the power of agency has no boundary, unable to produce positive effect of rights provisions, the author enumerates and except as provided in model summarizes the scope of daily household affairs; the fourth part introduces the daily chores agency is the effect, i.e. the right of daily family agent exercise will produce what kind of legal consequences, the legal consequences of the allocation between husband and wife; the fifth part introduces the daily chores agency is limited, the rights can not is no boundaries, beyond the proper scope should be restricted. Daily chores agency makes the subject of rights restricted seriously restrain themselves in the exercise, is the right of daily family agent can run according to the law. The last part is about the right of daily family agent to eliminate.