Research On The Daily Family Agency Rights Of Husband And Wife

With the development of productive forces in modern society,the quality of people’s lives has been greatly improved,and husband and wife’s foreign housework transactions have become increasingly frequent.Against this background,there are two sets of contradictions between husbands and wives in external housework transactions: one is that the family rules of husband and wife family affairs are increasingly incompatible with social needs;the second is the privacy of the husband’s internal relationship and the protection of the interests of third parties increasingly difficult to balance,based on this,the daily household agency system of husband and wife came into being.The so-called spouse’s power of daily household affairs refers to a system in which a spouse handles daily family affairs and a third party is a certain civil legal act.Both parties are agents of each other,enjoy the right of agency,and bear the legal consequences of one party’s legal behavior.The establishment of this system is conducive to coordinating the internal relationship between husband and wife and the relationship with the protection of the interests of external third parties,helping to maintain transaction security and marriage stability,and has important theoretical significance and practical value.It is based on the identity of spouse and is an important system for adjusting the personal relationship of husband and wife.Its earliest date goes back to the ancient Roman family appointment system.Later,with the evolution of the times,this system has been established in many countries or regions around the world.There are no systematic provisions for this,and there are many problems in the application of judicial practice.The forthcoming "Civil Code·Marriage and Family"(draft)is related to this,but the rules are more general and need to be properly interpreted in the future.Therefore,this article studies how to coordinate the domestic and external family transactions For the purpose of the relationship,it is planned to analyze the current situation of the daily household agency right system of husband and wife in China,combine related academic theoretical research,and draw on the experience of foreign legislation.This article intends to sort out the context of this topic by "proposing,analyzing,and solving problems".First of all,the concept of daily household agency right of husband andwife is scientifically defined,and its nature is explored in order to lay the theoretical foundation of the full text.Secondly,based on the analysis of the current status of the system’s legislation,the current status of judicial practice and the issues at issue in the system are summarized and summarized.Finally,on the basis of the previous review,it is proposed to further improve the applicable scope,exercise mechanism,vesting of effectiveness,and protection of debonair third parties in daily household agency rights of husband and wife.The full text consists of three parts: introduction,main text,and conclusion,with a total of about 42,000 words.The main text can be divided into the following four parts,and the details are as follows:The first part mainly revolves around the overview of daily household agency rights of husband and wife.On the one hand,the connotation,characteristics and nature of husband and wife’s daily household agency rights are defined;on the other hand,by analyzing the current legislation and judicial practice status of husband and wife’s daily household agency rights,we systematically sort out several differences in their judicial application.These differences are mainly concentrated on the following aspects: First,there are differences in the scope of application of daily household agency rights of husbands and wives,such as whether real estate such as houses,large debts,and equity transfers are daily household matters;Second,the main body exercising the agency authority.The determination is different from the period;third,in the process of exercising this right,the protection of the interests of bona fide third parties has some confusion in the application of the law;fourth,there is no uniform treatment of the rules for the settlement of husband and wife debts caused by the agency right.The second part mainly discusses the applicable scope of daily household agency rights of husband and wife.First,through comparison of extraterritorial legislative styles,and analysis of related theoretical differences.Secondly,discuss the standard and general scope of daily housework,that is,the scope of daily housework should be stipulated in principle first,and put forward to adopt "life needs doctrine",and use "Mallow’s hierarchy of human nature needs" as a reference,The scope is divided hierarchically.It is further suggested that the judge whether a party’s borrowing is a daily household matter should be judged by the judge based on the local minimum livingstandards and the family’s ability to indebtedness,and comprehensively consider the amount of borrowing and the actual use.Finally,demonstrate the principles that should be followed to expand the scope of daily household affairs for couples in emergency situations.It also clearly excludes some important matters that have a greater impact on the family,such as high-risk behaviors,large-amount installment-related transactions,and certain matters that have a close personal relationship with the spouse.The third part is about the exercise and limitation of daily household agency rights of couples.The main body of the spouse’s daily household agency right is the spouse who has a legal marriage;the restrictions mainly include the restrictions on the exercise of the family agency right between husband and wife and the restrictions provided by law.In terms of exercise methods,it focuses on the issue of one side of the agent acting in its own name and the other’s name.In combination with China’s system support and legislative model,notice should be adopted as a restriction method in the emergence stage,and the legal consequences of the restriction are analyzed.With regard to the restriction of the agency right by the law,referring to extraterritorial legislation,the author proposes to take announcements and the husband and wife’s property registration system as the path to violate the obligation of attention and abuse the husband’s daily family agency rights and malicious collusion to damage the responsible property regulations,and analyze the related reasons for revoking the restriction on the exercise of the agency right.The fourth part mainly discusses the effectiveness of the spouse’s daily exercise of family affairs.In terms of internal effectiveness,in addition to analyzing its general effectiveness,it discusses the responsibility for the abnormal exercise of family agency rights,and proposes to take the action of compensation for infringement damages within marriage as an approach to protect the interests of the principal.In terms of the effectiveness of the third party,the focus is on the protection of the third party in good faith during the exercise of power over,termination of agency rights and separation,and then proposes the establishment and improvement of China’s husband and wife property registration system.Finally,through the relevant legislation of France and Switzerland as a reference,some exploration and analysis of the debt settlement of husband and wife caused by the exercise of the agency right areproposed,and the joint liability responsibility method is not fully applicable in China,but should be treated as the property implemented by the husband and wife.The system was specifically identified.In the case of abuse of the spouse’s daily family agency rights,the supplementary system of "marital property compensation claim right" was added to further supplement the benefit relief of the spouse.