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On the Improvement of the Daily Household Matter Authority in China

Author: ZhongLingYun
Tutor: LiShuangYuan
School: Hunan Normal University
Course: Legal
Keywords: Daily housework agency Family Law Marriage Legislation
CLC: D923.9
Type: Master's thesis
Year: 2010
Downloads: 166
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Abstract

Everyday family attorney is derived from a spouse right system in our current marriage law is not clearly defined, and only be reflected in the judicial interpretation. This article aims to explore the power of attorney of the daily housework System. The first chapter introduces the meaning of everyday family dealership, history, significance and nature, is the basis for this article. Everyday family family law attorney is a traditional marital relationship in an important system specifications, it is the general agent with different characteristics. It needs to meet couples living together, maintenance, transaction security and protection of third party interests valuable, its meaning varies with the changing times. The second part (including the second chapter to chapter IV) discusses the daily housework basic theory of agency problems. For the correct application of the everyday family attorney, on the exercise of the form, scope and criteria for judging the duty of care, effectiveness and consequences of abuse of power of attorney and limitations analyzed. Since civil law and common law different legislative basis, resulting in a very different legal systems. Between the agent and I because of the special status relationship, whether I should be specified, as the case may be. In addition, one of the spouses in the exercise of rights due to the daily housework agency to handle their own affairs with the same duty of care not to abuse power of attorney. For couples a range of everyday family, currently there are two main points: one is the daily chores doctrine that couples a range of everyday family attorney is limited to household food, clothing, shelter, transportation; the other is living needs doctrine, that its scope can be extended if necessary to fit family life needs. Specific criteria should be combined with specific family circumstances. Agency since the beginning of the daily housework, outside two kinds of effect. Born to the couple because of the daily housework behavior debt jointly and severally liable, the third person is also entitled to claim the applicable joint and several liability. Unless the third party knew each other there is abuse of power of attorney, or claim the rights are not subject to such restrictions. In one unauthorized disposition of jointly owned property, abuse of everyday family agency other spouse property rights violations, the aggrieved party should be given adequate relief right to the property of lessons to act responsibility and absolve the innocent spouse's joint and several liability. The third part is the full text of the attributed points. Legislation introduced in our modern-day family attorney historical development and current situation, and then discuss the introduction of routine housework agency of the value of the system was discussed during the Civil Code in developing ways to improve the daily housework proxy system, and made certain of legislative proposals.

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