The Validity Identification And Judicatory Application Of The Act Of Family Agency

Daily family agency is the agency method in which the husband or wife deals with the daily needs of the family,and the resulting debt is jointly borne by the spouse.This right must be exercised during the duration of the marriage relationship.In modern society,families or family members are more and more closely connected with the outside world,and often have creditor and debt relations in various forms.Through statistical analysis of the cause,it can be seen that more than 90 percent of the joint debt dispute cases between husband and wife involve private lending.The family agency system is widely used in judicial practice.When the court hears such cases,in most cases,it needs to divide the marital property of the relationship during the marriage.The judge must make a clear judgment on the debt nature and responsibility sharing,on the premise of correct understanding and application of the family agency system.Before the promulgation of China’s Civil Code,only the connotation of the right of family agency was involved in judicial interpretation.For a long time,judges discretionary the scope of family agency based on legal principles.Because the legislation is relatively crude,the judgment rules are not unified,and there are often different judgments in the common case.Therefore,the By analyzing the typical cases,How to organize and summarize the focus of the case and determine whether the common debt of husband and wife can be incorporated into the family agency behavior,the definition of the scope of family daily life needs and the distribution of the responsibility of proof,And to conduct the legal analysis of the relevant legal issues,Drawing on the advanced experience of establishing a daily family agency system in countries outside the region,Combined with the legislative status of the relevant judicial interpretation,the Civil Code and other relevant laws,Finding insufficient legislation,To provide legislative advice for regulating the identification of the effectiveness of family agency behavior,In order to solve the problem of joint debt identification between husband and wife in private lending cases.Although the civil law code formally established the family agency system,but for trial practice,controversial hot,difficult issues,such as daily agency scope boundary,exclusion,abuse of family agency failed to respond to the other relief,especially how to understand the "daily life needs" the key problem,appeal,usually due to the judicial subjective understanding deviation waste judicial resources,damage judicial authority,and may violate the legitimate interests of the parties.At present,the identification of the common debt between husband and wife is a concentrated field of the exercise of the daily family agency power of husband and wife,and also involves the interests of a third party in the external transaction.Therefore,this article wants to provide reference for help solve the debt problem of husband and wife in judicial practice by putting forward legislative suggestions to standardize the effectiveness of family agency behavior.