Study On The Scope Of Application Of The Daily Family Agency System

Daily family agency refers to a civil legal system in which a civil juristic act carried out by one of the spouses due to the needs of the family’s daily life is effective for both husband and wife.The origin of the system is very early,in China’s judicial practice has also been used,but for a long time has not been really written into the legal norms,after the promulgation of the Civil Code,the daily family agency system was clearly stipulated in the code,for the citation and application of the system to provide a strong legal basis,but the provisions are still relatively principled,general,the application of the daily family agency system has not been well solved,abstract provisions at the theoretical level also bring many challenges to judges to make correct value judgments and value choices at the level of judicial practice.The first chapter is a discussion of the theoretical basis of the daily family agency system.There is much debate about the nature of day-to-day family agencies,and it is reasonable to identify them as special agents.The normative purpose of daily family agency is mainly reflected in the two aspects of "maintaining marriage and family and protecting transaction security".The second chapter is based on the failure to achieve the corresponding normative purposes in the previous chapter,and the main analysis is the application of the daily family agency system.At present,the daily family agency system has been written into the civil law,but there are still difficult problems to be solved in the application,through analysis,the specific problems can be attributed to two aspects: one is the lack of unified standards for the concept of understanding and application of the daily family agency system,and the other is the lack of unified standards for judging the degree of meeting the needs of daily family affairs.The third and fourth chapters are based on the theoretical and practical analysis and judgment of the problems raised in the second chapter of the article,combined with the original meaning and normative purpose of the article,to build a more systematic and scientific problem solving path.The third chapter focuses on theoretical judgments on the application of the daily family agency system.Combined with the provisions of the law itself,the types of civil juristic acts and "daily family affairs" carried out by one of the spouses to meet the needs of daily family affairs are defined.For the judgment of civil law types,it is mainly necessary to include all the burdenful acts and some of the disposition acts.For daily family affairs,first of all,it draws on foreign legislative experience and uses the method of generalization exclusion to define;secondly,it refers to the relevant provisions of the Notice of the Zhejiang Provincial High Court on the Proper Trial of Cases Involving Debt Disputes between Husband and Wife to make a principle summary,and finally,the disposal of real estate such as housing,family investment and operation behavior,and agency acts based on intimate relationships such as cohabitation are excluded from daily family affairs.The forth chapter focuses on practical judgments on the application of the daily family agency system.Combined with relevant cases,the relevant criteria for judging the degree of satisfying the needs of daily household affairs are discussed,first of all,the external perspective of the objective third party is used to analyze the problem,and secondly,the time node requirement of "satisfaction" should be to make one of the spouses actually benefit rather than possibly benefit,and finally pay attention to the comprehensive consideration of many factors,such as economic factors,consensual factors and empirical factors,etc,ase-based judgment,comprehensive conclusion.