夫妻日常家事代理权研究

发布时间：2018-02-12 12:51

本文关键词： 夫妻日常家事代理权日常家事连带责任配偶权　出处：《黑龙江大学》2010年硕士论文　论文类型：学位论文

【摘要】： 夫妻日常家事代理权又称为日常家事代理权或家事代理权。该制度源于古代罗马的家事委任制度,后随着社会经济的发展而逐渐完善。夫妻日常家事代理权在我国的民俗生活中早已存在,但在立法上起步比较晚,至清朝末年才被列入法律规范。我国现行《婚姻法》对其并没有明确的规定,只是在《婚姻法解释(一)》中有所提及,其规定相当的粗略,难以适用。本文首先介绍了夫妻日常家事代理权在世界范围及我国的流变,进而界定了夫妻日常家事代理权的概念、性质,并探讨了夫妻日常家事代理权的价值。其次,通过对共时态下各国或地区夫妻日常家事代理权立法例的考察,明确了其所包含的基本内容。最后,通过对我国立法与司法现状的分析,提出了应如何建构我国夫妻日常家事代理权的立法建议。
[Abstract]:The daily family affairs agency power of husband and wife is also called the daily family affairs agency power or the family affairs agency power. This system originates from the ancient Roman family affairs appointment system. After that, with the development of social economy, the right of daily household agency of husband and wife has already existed in the folk life of our country, but it started relatively late in legislation. It was only in the last year of the Qing Dynasty that it was included in the legal norm. The present Marriage Law of our country has no clear provisions on it, but it is mentioned in the interpretation of the Marriage Law (1), which is quite rough and difficult to apply. This paper first introduces the changes of the daily family affairs agency power in the world and our country, then defines the concept and nature of the couple daily family affairs agency power, and probes into the value of the husband and wife daily family affairs agency power. Based on the investigation of the legislative cases of the daily household agency right of husband and wife in different countries or regions, the basic contents are clarified. Finally, through the analysis of the current situation of legislation and judicature in our country, This paper puts forward some legislative suggestions on how to construct the power of daily family affairs agency of husband and wife in our country.
【学位授予单位】：黑龙江大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D923.9

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