Analysis of the Scope of the Right of Daily Family Agent in The Civil Code of the People 's Republic of China in the Context of live Reward Case

Abstract

The Article 1060 of the Civil Code of the People 's Republic of China clearly stipulates that “civil legal acts performed by one of the spouses due to the needs of daily life of the family shall be valid for both spouses.’’ The system of daily family agency stipulated in this article is intended to maintain the stability of marriage and family and protect the interests of bona fide counterparts. However, due to the lack of clear provisions on the scope of daily family agency, the phenomenon of different judgments in the same case in judicial practice has been caused in China. In this paper, the author takes the typical case of one using the common property of the couple to reward and the other party 's requesting for return as the starting point, from the perspective of legal interpretation, on the basis of clarifying the concept of daily family agency, defines the specific scope of “family daily life needs” in The Article 1060 of the Civil Code of the People 's Republic of China. Through the study, the author concludes that whether an act belongs to “the right of daily family agency’’ should meet the necessity of purpose and the appropriateness of means in essence, and also require generality and repeatability in form.