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Study on the right to handle the joint property of husband and wife

Author: WangYi
Tutor: LiXiuHua
School: Yangzhou University
Course: Civil and Commercial Law
Keywords: joint property between husband and wife disposition rights proprietary rights nature of govern
CLC: D923.9
Type: Master's thesis
Year: 2013
Downloads: 31
Quote: 0
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Abstract


How to deal with the right to dispose the couple’s joint property relates not only to the property of both parties but to the transaction security with a third party. This study is supposed to contribute to the stability and harmony of a family and to perfect the Marriage Law in China by making up for the deficiency in the couple’s joint property. Due to the insufficient research on such an issue, the interpretation of disposition rights and the specific bills therein still remain controversial. This thesis aims to study the disposition of joint property between couples and further explores the particular bills and practices. Hopefully, the thesis can offer some suggestions for the improvement on relevant issues in the present laws and regulations.This thesis consists of five chapters by centering on the definition and contents of disposition rights of joint property. The first chapter introductory theory is about its value and significance.The second chapter deals with the disposition rights and proprietary rights of joint property. The definition of proprietary rights should be open and clear with developing contents instead of being limited to the traditional four principles including management. Meanwhile, the fact of joint ownership proves it a fallacy for several people to share only one proprietary right, therefore, management is essential to make it up. The term of disposition rights which was picked up out of a specific historical context virtually belongs to ownership in civil law and now needs to be modified accordingly. The third chapter copes with the concrete contents of disposition rights, including such items as the possession, permission, disposition and management of joint property, among which possession and permission ought to be enjoyed and exercised according to equal share owned by both parties. Disposition rights can be exercised wither by one party or two parties of a couple. The former is mainly in charge of daily routines while the latter shall be measured by whether the property is movable or not. Management\right guarantees the maintenance of and rise in values and can be divided into general and special management based on the level of limitation on practice. So far, there has not been a management system for joint property between husband and wife in China, and thus laws should be made for improvement. The fourth chapter offers suggestions to perfect the current laws, including the modification of the term "disposition right" and clarification of its content. In addition, management system is suggested to be added and related regulations about dealership in daily routines ought to be perfected as well. The last chapter is a summary.

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