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On Couple daily housework agency

Author: ZhouWei
Tutor: SunXiaoPing
School: Fudan University
Course: Legal
Keywords: Daily household affairs Husband and wife together debt The agent right of daily household affairs
CLC: D923.9
Type: Master's thesis
Year: 2010
Downloads: 117
Quote: 0
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Abstract


The agent right of daily household affairs, as an important part of spouse right in marriage law, refers to a right that one of the spouse can make legal act with a third party as the representative of the other while the couple enjoy the right and undertake the duty jointly as a consequence. Origin from household affairs appointment in Rome Law, the agent right of daily household affairs has not yet been stipulated by Chinese Law, in fact, there’s no comprehensive stipulation of basic rights and duties between couples in Chinese marriage law. However, as the establishment and perfection of the country’s judicial system, the agent of daily household affairs been attracting more and more attention in the law and judicial circle.Article 17 of " The Interpretation on the Application of Marriage Law (I)" issued by the supreme court of China although hasn’t use the concept of agent right of daily household affairs, adopted the applicable principle of it, which marked a significant breaking through in Chinese Marriage Law. Apart from this, the article has it’s short points at the same time.Based on the situation mentioned above, this thesis mainly analyzes and explores the agency system of daily household affairs with a view from judicial practice. Base on all kinds of advanced theories in other countries, the author gropes for the suitable agency system of daily household affairs in China. There are four chapters in this thesis. The fist to third chapter explore the historical evolution, definition and legal function of the system, analyze the legislative situation and judicial practice on the system and speculate out that establishing the agency system suitable to our country’s current situation is really critical and necessary. The fourth chapter brings forward legislation suggestions on setting up and improving of agency system of daily household affairs in China.By choosing the agency system of daily household affairs as the topic of his thesis and discussing the understanding, confirmation and operation of this system, the author hopes to cause others of the circle of theory to pay attention and do deep research into the system, so that to enrich and perfect our marriage law system.

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CLC: > Political, legal > Legal > Chinese law > Marriage Law
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