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Study on Agent Right of Daily Household Matters
Author: ZhangXingDa
Tutor: LiHongXiang
School: Jilin University
Course: Legal
Keywords: Daily Family proxy rights Exercise Range Limit Legislative proposals
CLC: D923.9
Type: Master's thesis
Year: 2007
Downloads: 277
Quote: 2
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Abstract
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Couple family life spouse unilaterally dispose of the family property phenomenon often occurs , but because of the husband and wife may unilaterally dispose of the family property legislation is too simple operability is not strong , the practice often couple unilateral act with a third person a dispute between , making the to construct extremely necessary for our day-to-day family agency system . This paper, the use of comparative analysis , the meaning of the countries and regions for the day-to-day family agency system , the nature of the presentation , to summarize the successful experience , review its reference to our marriage legislation , combined with our day - to - day family agency legislative situation should be described by Chinese Marriage agency system of day - to - day family legislation. This paper argues that the day-to-day family power of attorney is an important system to regulate the relationship between husband and wife , are a statutory agent , mutual agency between husband and wife . Day - to - day family exercise of the power of attorney should be strictly limited to the range of day - to - day family , and suggested that the definition of the scope of the day - to - day family matters enumerated abstract for excluding legislative model . This paper also advocated the Civil Code in China Marriage and Family Law Code deal with the subject of that right , exercise and restrictions make specific provisions to improve our marriage legislation .
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