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The Disscussion of Theoretical Controversiy on Matrimonial Real Property Disputes

Author: LiFen
Tutor: HuoCunFu
School: Jilin University
Course: Legal
Keywords: Matrimonial Real Property Unauthorized Disposition Theoretical Controversion
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 142
Quote: 0
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Abstract


Rapid economic development in the market, spouse unauthorized disposition of real property disputes also increase, basically, the causes of such behavior can be divided into two categories, One is the right one of the common property damage to the other party to sell a total of co-ownership interest, the other is spouses malicious collusion damages the interests of the third. In judicial practice,judges are often hovering in the balance between the real property and the interests of the third person , combined with the existing legal system’s imperfect, similar cases of the results are completely different. In the use of discretion ,When the judge to balance the interests, not only reflected the values of marriage and family system issues, but also reflected the relationship between the real protection for the owner and the credibility of the registration, and even the reflection the credibility crisis and other issues of justice. Thus, to solve the plight of such controversion is particularly important.In this paper, starting from the problems in judicial practice, analysising and comparising in apparent agency, unauthorized disposal of property and acquire in good faith, giving the specific rules of how to balance them, and giving the conclusion that the validity of the contract of Unauthorized Disposition is effective. Based on the analysis of these issues and put forward specific solutions, we in an attempt to find practical problems arising in a breakthrough.This article is divided into three parts: Introduction, Main body, Conclusion.The part of Introduction, mainly discusses theoretical controversion arising from unauthorized disposition of the spouses. Combined domestic legislation with the current situation, the study revealed the necessity.The main body is divided into four parts. Put forward the problem in the first and second part, the first part gives us two typical case of Disposition of real estate without agreement of a spouse, and elaborate the status of these two cases in the complicated similar cases. The second part shows concrete manifestation of the conflict, then, analyze the reasons of such a predicament, at last, describe the necessity of such theoretical controversion. The third part of the problem is the main part of this article. In order to thoroughly understand the plight of the civil law issues, it give us an comprehensive exposition in the civil legal system involved in Controversy Dilemma. Were pair wise analysis, clarify the links between the two systems and differences, in order to solve the dilemma of controversy in civil legal problems and to improve them. The fourth part is the solution to the problem, mainly to resolve such cases we put forward five recommendations of the controversy dilemma.Conclusion summarized the text of the article and highlighted the views.

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