Comparative Research on China and Taiwan’s Legal Systems: From the View of the Agent Right of Daily Household Matters

Xiaohang JIANG, Xinhua WANG

Abstract


The agent right of household matters is one of an important aspect of personal rights and also a personal interest that cannot be ignored. As early as in late Qing dynasty, Chinese legal workers had paid attention on the agent right of household matters. Related legislations can be found in Civil Law Draft of Qing Dynasty (Family Chapter) and the Civil Law Draft of the Republic of China. Due to the social traditions at that time, these laws just stipulated wife’s agent right but not the husband’s. Until in the 1930 Civil Law issued by Nanking National Government, the provisions governing spouses’ rights were transplanted from foreign civil laws and the system of agent right of household matters was first time established. However, because China followed Soviet’s legal mode after the founding of the state, the agent right of household matters was replaced by marital property regime. Ever since that time Taiwan and Chinese mainland’s legal provisions on this right differs. The main aim of this paper is to provide some useful research for settling continuous disputes in modern society through comparative study on China and Taiwan’s agent right of household matters legislation emphasis, subjects, limitations, and burdens.

Keywords


China; Taiwan; Spouse; Agent right

Full Text:

PDF

References


Chen, B. (2012). Research on the agent right of household matters (Master’s thesis). Xinjiang University.

General Principles of the Civil Law of the People’s Republic of China.

Taiwan Civil Code.

Wang, L. H. (2012). Studies on the agent right of household matters (Master’s thesis). Ningbo University.




DOI: http://dx.doi.org/10.3968%2F4047

Refbacks

  • There are currently no refbacks.


Reminder

If you have already registered in Journal A and plan to submit article(s) to Journal B, please click the CATEGORIES, or JOURNALS A-Z on the right side of the "HOME".


We only use three mailboxes as follows to deal with issues about paper acceptance, payment and submission of electronic versions of our journals to databases: caooc@hotmail.com; css@cscanada.net; css@cscanada.org

Copyright © Canadian Academy of Oriental and Occidental Culture

Address: 730, 77e AV, Laval, Quebec, H7V 4A8, Canada

Telephone: 1-514-558 6138

Http://www.cscanada.net Http://www.cscanada.org

E-mail:css@cscanada.net, css@cscanada.org