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The Research on the Agency of Family Affairs in View of Judicial Practice

Author: LuLi
Tutor: FuRong
School: Shanghai Jiaotong University
Course: Legal
Keywords: usual household affairs agency of family affairs marital debt
CLC: D926
Type: Master's thesis
Year: 2013
Downloads: 45
Quote: 0
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Abstract


The scope of the agency of family affairs whether includes theimportant events such as the real estate disposition or just daily householdaffairs? How to define the other party in a good faith? How can the debtoccurred by one person be taken as the spouses joint debt? All theseissues are the typical difficulty in the practice of judicial adjudication.Now the matter of fact is that the different sentence occurs frequently inthe related cases which connected similar details due to the differentjudgment methods and the diverse dominant mentality.Here is the statement aims at above-mentioned issues. The first partindicates the various judgments with similar cases which normallyexisted in the agent of family affairs in judicial practice. The second partexpounds the subject and object part of agent of family affairs. The thirdpart presents how to identify a bona fides third party in the agent offamily affair. The forth part analyzes the spouse debt influencing factorsand puts forward the distribution of evidential burden. The last part analyzes the primary reason that caused several judgments at the basis ofconflicts between legislation and custom. Finally, provides legislativeproposal to complete the agent power system of family affairs.

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CLC: > Political, legal > Legal > Chinese law > Justice system
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