Those who oppose the Agency of Daily Household Matters System believe that its historical prototype and function have been lost.Harm women and over-protect creditors;Infringe on autonomy of will,discriminate against marriage and harm marriage.In our country legal husband and wife under the system of benefit is extremely limited;On the premise of credit transaction,the scope of application in contemporary society is very small.It should be abolished because of the violation of the doctrine system of civil law.None of these reasons for questioning are valid.The Agency of Daily Household Matters System is legitimate in our country.The reasons include:the principle that benefit and burden coincide requires the beneficiary to bear the debt.The provision obligation requires the non-counterparty spouse to be responsible for the transaction.Most of the time,it does not violate the will of the other party.This system is meaningful for the disposal of property of small value.Credit transactions are still frequent and important in contemporary society.This system has the function of protecting the spouse of the trading party and then protecting the marriage and family.The system is also valuable for transaction security.Based on the needs of daily life,unilateral liabilities based on the needs of daily life are common debts,which is supported by comparative laws.In order to suppress the possible negative effects of the system,its constitutive elements should be strictly limited as follows:the applicable subject is limited to the identity of husband and wife.The occurrence of debts is limited to the normal duration of the marriage.Debt to meet the needs of daily life.There is no special agreement or there is a special agreement between husband and wife,but this special agreement is good faith to the counterpart.
agency of daily household mattersautonomy of willprotecting marriagetransaction safetyneeds of daily life
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