Research On The Agency Right Of Daily Family Affairs

The power of daily household affairs agency refers to the right of a husband or wife to independently represent their spouse and external third parties in civil legal acts,with the purpose of meeting the daily needs of the family,and to jointly bear responsibility for the legal consequences of such acts with their spouse.Article 1060 of the Civil Code of the People’s Republic of China(hereinafter referred to as the "Civil Code")is the first legal provision in China that stipulates the power of daily household agency.Due to the nature of private law in civil law,the complexity and variability of daily household agency matters,regional differences,and many other factors,there are many legal application problems that cannot be solved in practice,Theoretical research is still needed to promote the specific improvement and application of daily household agency rights.This article adopts methods such as comparative analysis,literature research,and normative analysis to deeply explore the daily household agency rights in China by identifying,analyzing,and solving problems.The article consists of three parts:introduction,main text,and conclusion.The main text mainly consists of the following four parts:The first part analyzes the legislative evolution,function,and content of the daily household agency power and finds that there are three main problems in legislation.Firstly,there is a lack of relevant provisions on the nature of the right,secondly,there are differences in understanding the "daily needs of the family",and thirdly,there is a lack of specific provisions for the protection of external third parties.In the second part,by studying the nature of daily household agency power,especially comparing the similarities and differences of various theoretical viewpoints,we can identify the differences between it and general statutory agency and apparent agency,thus highlighting the uniqueness of daily household agency power itself.The third part studies the internal relationship of daily household agency power,that is,the scope of application and internal effectiveness of daily household agency power are two important aspects of the internal relationship of daily household agency power.Article 1060 of the Civil Code summarizes the "daily needs of the family" as the scope of application of daily household agency power,but does not make specific provisions for it.Therefore,it is necessary to study the extraterritorial legislative system and academic theory,And based on China’s judicial practice,clarify its defining standards and discuss specific situations to propose defining ideas.In addition,the settlement of joint debts between spouses and the exclusion of contractual effectiveness are two aspects of the internal effectiveness of daily household agency rights.The fourth part,by studying the external relations of daily household agency rights,namely the relevant content of protection for external third parties,starts with the general provisions of the Civil Code on external third parties,summarizes the standards for judging whether external third parties are in good faith,and expands the interpretation of the protection situation for external third parties in judicial practice,And drawing on foreign experience,the internal agreements between spouses based on the limitations of their daily household agency rights are made public through certain means to protect the legitimate rights and interests of external third parties.