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In Good Faith Acquisition System of Either the Husband or Disciplinaryaction of Do STH without Authorization in the Case for the Joint Propetry

Author: XiongYan
Tutor: ZhuFan
School: Southwest University of Political Science
Course: Legal
Keywords: Joint property of husband and wife Disciplinary action of do STHwithout authorization Real propety The acquisition good faith
CLC: D923.9
Type: Master's thesis
Year: 2012
Downloads: 72
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Abstract


Real estate are applicable for good faith acquisition system, in theory has beencontroversial, March16,2007through and in October1, the implementation of thelaw of the People’s Republic of article one hundred and six of the good faithacquisition of official recognition system applies in the real estate sector, theprovisions of the third person for maintaining the lawful rights and interests protectiontransaction security, transaction smoothly, provide the system guarantee, and at thesame time to the judicial practice in the trial of such cases provides guidance.This paper will from a case analysis of good faith acquisition of immovablessystem in this case are applicable, for good faith acquisition of immovable propertyshall be the theoretical basis of the system and realistic basis, the analysis for the realestate sector good faith acquisition of the rationality of the system, and the good faithacquisition of immovables shall apply the system of its recommendations, this articleis divided into five parts:The first part is the introduction, the case is husband and wife party disciplinaryaction of do STH without authorization of property and trigger, because there arepeople’s legal rights and interests are infringed upon, the third party to return torequest the court to sentence houses, belongs to the house to return the dispute.The second section describes the case, the case of case is both sides of husbandand wife of house property will only in one party name registration, the registrationname and not someone consultation, haven’t reached agreement will house sold tostrange people Ma to the site in the not checking of the reasonable prices and payment,instant handling building transfer registration procedures. After a month were foundthe deal behavior, hence appeal court for decision to return the Ma houses, in order tomaintain their mutual right.The third part is the focus of the case is introduced, the case there are two mainfocus, one is the both sides of husband and wife shall have the right to dispose of theproperty is alone, the second focus in the present case is whether the good faith acquisition of immovables shall apply the system, and the Ma can get the ownershipof the house.The fourth part is introduced in hearing the case appeared in the process ofdifferent opinions and their differences of reason, according to the first focusappeared two kinds of opinions, so Zhou has the right to punish building alone,think the shall not be entitled to dispose of alone. To the second focus a thought thatZhou without authorization, dispose of husband and wife houses, infringing uponthe king of the lawful rights and interests of Ma and reasonable of the duty of care,Zhou disposal action shall be invalid, The second opinion according to "matter rightlaw" the regulation, the buyer behavior comply with the components of the good faithacquisition, so should be used in the good faith acquisition system, the buyer can getthe ownership of the house.The fifth part is the focus of this analysis, through the introduction of thecouple’s joint property in China the scope and the couple’s joint property rights, in thepresent case Zhou has no right to dispose of husband and wife house alone.Analyses the good faith acquisition of immovables shall apply the system oftheoretical basis and practical foundation and the good faith acquisition ofimmovables the components of the system and legal effect, and analyses how todetermine the third people of goodwill, finally draw of the attack, the Ma ownexistence gross negligence, not applicable good faith acquisition system, can’t get theownership of the house, and at the same time in the last in good faith acquisition ofimmovables shall apply the system puts forward reasonable Suggestions, prevent thesystem abuse, damage the legitimate interests of the right holder real.

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CLC: > Political, legal > Legal > Chinese law > Marriage Law
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