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On the Disposal of Community Property System

Author: LvWenWei
Tutor: HuangWuShuang
School: East China University of Political Science
Course: Legal
Keywords: husband and wifes’joint property unauthorized disposition the efficiency of the contract bona fide gains
CLC: D923.9
Type: Master's thesis
Year: 2011
Downloads: 205
Quote: 0
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Abstract


As China’s socialist market economy continues to develop, more and more individuals and families participate in a variety of civil transactions. How to dispose husband and wife’s common property is not only concerned with their marital property relations but also relatesd to the marriage occurred outside contact with the legitimate interests of third parties, thereby affecting the whole community trade order. In our current disposition of matrimonial property system, the responsibility for the spouses of unauthorized disposition of common property specification is not clear and there’s a certain ambiguity in the specific application of the law, which leads to the frequent co-practice examples of different sentence. This article starts with the problems encountered in the practice of judicial proceeding, cited typical cases and discussions, with a view on have a unified understanding of justice on such issues.To solve the unauthorized disposition of the spouses jointly owned property disputes, what we are facing is the conflict of legal value of choice. Confined to the influence of traditional concept of husband and wife, the imperfect real estate registration and matrimonial property disposition system, it is very common that matrimonial property and other real estate registered in one name. The resulting legal problems is how to coordinate the interests conflict between the unregistered mutual party and the good-will third party when the registration of unauthorized disposition of the property rights. This article considered that the good-will third person should earned more attention through a comparative analysis combined with China’s reality.In specific operations, this article discusses from the case of how to protect the right of the good-will third person when one spouse sales the property without procedure, under which case whether one complete the registration of the ownership or not. Unauthorized disposition of the spouses is entitled to one of powerless disposition. This paper to analyze the effectiveness of the contract and poses the effective point of view of powerless-disposition contract. When under the situation of imcomplete transfer of ownership, the author recommended the contract for the sale valid premise to breach of contract to achieve the rights of third party. When the registration of ownership transfer is complete, the writer recommended acquiring the real property in good faith to safeguard the legitimate interests of third party.Finally, this article has a detail description from the angle of for the acquisition of real value, the constituent elements, and the principle of public trust property relations and publicity of matrimonial property acquired in good faith under the third criterion for detail.

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