家事代理权管窥

Opinions on Household Affairs Agent Right

随着社会的发展,人们经济交往的日益频繁,明确夫妻对财产的管理及处分权限有着紧迫的现实意义,而其核心则在于明确夫妻之间的代理权。但我国婚姻法对此却未涉及,致使婚姻当事人处理夫妻财产关系时不知如何操作,法院裁决夫妻财产争议时也缺乏明确的法律依据。

With the development of the society and the increasing economic exchanges among the people, it is urgent and realistic to clarify the management of property of the couples and deal with their powers. The core is to make definite the agent right of the husband and wife. However, the marriage law in our country fail to touch upon the agent right. So the litigants of marriage do not know what to do when dealing with the relations of the estates by the entirety and the court lacks definite legal basis when adjudicating disputes concerning the estates by the entirety.