日常家事代理制度分析-日常家务代理制度分析.docxVIP

System of Daily Family Affairs is to balance the interests conflict.The operation of the Agency System of Daily Family Affairs enables to fulfill the function of balancing the conflict on the issues of disposition of the common property of spouses and the interests of bona fide third.The effect of agency of daily affairs includes internal effect and external effect. The former focuses on the joint liability on the agency affairs between the spouses. The latter focuses on protection of the interests of bona fide third, i.e. the application of implied agency. The subject of authority of agency of daily affairs is the defined in the spouses who are in legal marriage relationship. The affairs should be limited in the daily affairs. It can be performed in the name of each and both. The elimination of authority of agency of daily affairs can be divided into permanent elimination and temporary elimination according to the effect, and it may cover the elimination for the end of marriage, the elimination for the restriction of authority of agency, and the elimination for one party’s fault. When one party abuses the authority of agency of daily affairs, the authority should be restricted to protect the other party’s property interests and transaction security.By others faults, wise men correct their own. Comparison of the legislative practices of the Agency System of Daily Family Affairs among home and abroad can help to better the system in China. The system is regulated among America, UK, Germany, France, Switzerland, and Japan. The regulations on the subject, domain of application, application of joint liability, restriction on the authority of agency, and the protectionof the 3rd party may be beneficial to our country.The system doesn’t reflect on the legislation of China, it should be regulated in the marriage law, when marriage law is modified. Thus to better marriage and family law system in China.The basic feature of the whole paper is its double views of contract la