The Nature Of One Of The Spouses Deal With Jointly Owned Property Without Authorization And The Third-party Remedy

In marriage family, the academics are mostly focused on divorce, division of marital property issues, while ignoring how to manage and use of common property in their daily life .However, we should know that the days of husband and wife living together is a long one. One of the spouses into their own hands the joint property of husband and wife are also often occurs. China's system of marital property is divided into the property agreement and common property regime, although in recent years there have been some agreement property system, but according to our country's traditions, most families are still common property system. Husband and wife live in a household where a small group, if the property points so clear, is bound to hurt sometimes. The matrimonial property system can help husband and wife work together to jointly create a good family. However, there are advantages and disadvantages, this article will study and discuss one of the spouses dealing with jointly owned property without permission.China's laws are extremely simple rules of the common property of husband and wife have equal right to dispose of. As everyone knows in the face of the real problems is to take into account many other integrated legal system and legal principles and to be bound by specific legal norms. As we all know, one of the spouses deal with jointly owned property without authorization, when there were three parties involved, namely their own hands, and the trading counterpart and the other husband and wife. So how to label this one of the spouses into their own hands the common property of husband and wife? The law is clear, co-owner party without the consent of the other party dealing with common property without authorization, and this behavior is invalid. Of course, if later after ratification or after-acquired ownership, then do not ask. At the same time, in order to protect the interests of bona fide third parties, the law also set the system to obtain the related goodwill. There is a conflict of interest, measurement and selection problems. One side is the disposition of matrimonial property protection, while protecting the interests of a third person. We can think of three kinds of behavior by this system, one is not entitled to dispose of the system, one is Apparent Agency, and one is made in good faith the system. Let's analyze them one by one:First of all, when one of the spouses dealing with a jointly owned property in their own name without authorization, which constitutes right to dispose of, such acts has the effect of pending. If later, the couple did not like the other party does not recognize, then, let us discuss the point's situation, as it has existed among a bona fide third person acquired in good faith issue. In such cases, whether by virtue of a third party system to be dealing in good faith to obtain ownership of things to do? Of course, if this third person is malicious, the original rights holders will certainly be able to recover ownership of trade goods. At this point, the third person "goodwill" is very crucial. Third person in good faith that this "good" point in time must be continued until the end of Property Act, only stage of the creditor acts in good faith is not enough. That is a transaction, the delivery of the delivery has been completed, and the registration has already completed the registration. Only in this case, the bona fide third parties in order to get a smooth transaction object. If the treaty is completed, before the completion of Property Act, the third person discovered the unauthorized disposition of such acts. At this point we believe that the contract valid, but the property acts can not continue, and that is third were still unable to obtain ownership of trade goods. At this point people have to bear an unauthorized disposition of that breach. If at this time that the contract null and void, the third person is null and void because the contract was unable to obtain ownership of trade goods, then the person need only take into their own hands Culpa, just compensation for the loss of trust interests, the scope of such damages is far from a small in the scope of breach of contract damages, we believe that this is not enough.Secondly, if the spouse is the name of both husband and wife without permission of the jointly owned property, at this time we can use Apparent Agency to deal with this situation. Between husband and wife based on the identity of the particularity of everyday life by the party to come forward to deal with marital affairs are common among frequent, then the third party based on this special status of trust arising from the relation is normal, and it is inevitable . At this point, according to Apparent Agency, husband and wife the other party has to bear the consequences of such acts. Of course, this third person at this time must also be well-intentioned. The situation in good faith with the above said, no right to dispose of the case is the same. We can see from the above, as the third person is vulnerable, the legal side of the balance tilt to them, which is in line with the spirit of the law. However, the law has nothing more than human. This paper argues that lawmakers will still have to take into account a number of exceptions. Everything there are always exceptions. If an article is one of the spouses is of special significance, should not a little room for turning back begin? Like objects, such as ancestral and so on. These things are not other things to replace, they are a spiritual symbol, and there is no way to use money to measure. In this case, may consider this item be returned to the original rights holders.Through the above statements, we can understand that in the long marriage will be a lot of life in numerous and complex problems. It is well known that the relationship between husband and wife is a happy family harmony and stability of the most important factor. The so-called "Family Harmony" But there is so many problems; the couple's feelings will certainly be affected. A volume problem, there will be friction. Although some provisions of the law has developed to solve the problem. However, this total is still a bit complicated thing, a waste of manpower, material and social resources. In fact, the best way is to reduce the problems arise, prevent problems. In this way, I believe the maintenance of marital relations is also a great help.First, the couple formally introduced the agency system routine family law. Daily housework agent refers to the husband and wife in their daily family with a third party within the scope of civil legal act; it can exercise the corresponding right to the other agents. Family agency system emerged as a result of ancient Roman law, developed into modern times, and has been a significant change. First, the couple formally introduced the agency system routine family law. Daily housework agent refers to the husband and wife in their daily family with a third party within the scope of civil legal act; it can exercise the corresponding right to the other agents. Family agency system emerged as a result of ancient Roman law, developed into modern times, and has been a significant change. Is considered the effectiveness of marriage based on a system of naturally occurring, that is born of marriage between husband and wife each other power of attorney. And were defined as legal representation and not intended to be agents, family complicated, everything can be re-authorized agents can not meet the real-life needs. This behavior is the state legislature statutory authority to protect citizens and maintain the transaction based on the order of the special needs made with specific regard to the identity of another person for the civil parties have the right to civil legal acts of agent requirements.Secondly, we should also improve the system of civil liability against the husband and wife property rights. The law explicitly required the concept of matrimonial property infringement and, in its elements and so on to make special provisions. Violations of the matrimonial property system of civil law, of course, is the main form of reparation for damages and reasonable civil liability for the use of non-property forms, for example, to eliminate the impact of an apology and so on. Good use of civil sanctions .Of course, there are some other ways, such as the law currently specifies that the "big points or less common property" can also be joint property of husband and wife against husband and wife tort damages system and the contradiction between husband and wife under certain circumstances applicable to the common property system, abolished the system of the v or claims voucher system, so that the interests of victims of one of the spouses are effectively protected. Then, the husband and wife to enjoy the rights of the common property must also bear certain obligations that the parties in accordance with the provisions of the Marriage Law to be borne by the other party or parties for the protection of the common interest of the marriage and the family to achieve a certain act or acts is not necessarily bound. Finally, the trading partners'side should take the initiative to strengthen the examination of obligations.These are the main contents of the entire paper.