Research On Family Agency System In China

This paper is a case-based analysis paper.Taking the case of dispute between Dong Zhe and Zhi Guang Yida Company about house leasing contract as the breakthrough point,the article sets up three chapters to discuss.It comprehensively uses the methods of literature research,case study and legal interpretation to study the relevant issues involved in the case.The article not only summarizes the relevant theories of family agency system,but also focuses on the disputes in the case.Point analysis and response.Through the analysis of this case,some suggestions are put forward for the establishment of the family agency system in China.The first chapter introduces the basic facts of the case and the court’s hearing,sums up the three controversial points involved in the case:first,whether Wang Wenjuan is the exercising subject of family agency;second,whether Wang Wenjuan’s act of signing house lease contract on behalf of Dong Zhe belongs to the needs of family daily life;third,whether Wang Wenjuan’s act of signing house lease contract on behalf of Dong Zhe constitutes nothing.Whether power agency constitutes agency by estoppel or not.The second chapter is a legal analysis of the focus of the dispute.Combining with Article 17 of Marriage Law,Article 17 of Interpretation of Marriage Law(I)and the relevant provisions of Interpretation of Law Applicable to Cases Concerning Couple Debt Disputes of the Supreme People’s Court,this paper uses the hermeneutics of civil law to analyze the exercising subject of family agency,the needs of family daily life and related contents,and defines the exercising subject of family agency,and considers Wang as the emperor.Wenjuan does not qualify as the main body of the exercise of family agency.The house rental contract signed by Dong Zhe is not the act of family agency,and the rent earned by Wenjuan is not used for the daily life of the family.Therefore,Wang Wenjuan’s act does not constitute a family agency,but constitutes an unauthorized agency.Further analysis of the facts of the case shows that Zhiguang Yida Company did not fulfill its reasonable duty of care when signing the contract and did not constitute goodwill,so Wang Wenjuan did not constitute agency by estoppel.The third chapter is the legal thinking triggered by the case.Although our countryhas formed the rudiment of the family agency system with the common property of husband and wife and the common debt of husband and wife as the core at present,there are still big differences in the determination of details,so we still need to make detailed provisions on the subject of the exercise of the family agency,the needs of daily life of the family,the effectiveness and limitation of the family agency,in order to perfect the family agency rule system in our country.Let it play its due role in judicial practice,achieve the real effect of settling disputes and stopping disputes,and improve judicial credibility.