| Recent years,more and more people sale their matrimonial property.Influencedby the traditional ideology of “unity of husband and wifeâ€,they trust each other inthe issue of property.And for emotional consideration the husband and wife oftenmake the matrimonial property register in the name of one side.Besides,Chinesemarriage law stipulated the rule that property obtained in the period of marriagebelong to the husband and wife. Then appear large number of people who is notregistered in their matrimonial property.The rules of transaction of the matrimonial property have become complex.Inthe real estate market,people follow the principle of publicity.When one deposestheir matrimonial property without agree with the other,the other cannot behaveagainst the third party.Then,the rights easily be violated.I am trying to balance theproperty law and the marriage law to seek a rule to protect the matrimonial property.Five parts make up of this text.The first and second part is the foundationaltheory,briefly introducing the property which belong to the couple.And the followingwill analyze the rights owned by the spouse.Clarify the scope of rights which shallbe proclaimed by both,and the reasonable way to exercise them.The third and thefourth part is the main body.It defines the action that the unauthorized spouseexercise the right which owned by the two.Distinguish the difference from the thirdparty,good or ill,I’m trying to put forward different rules.Besides,I analyze thepresent rights protection situation of the part-owner.The sixth part is conclusion.Inview of the essentiality of the matrimonial property,I acclaim to put the personalright on the matrimonial property in the first place.It means that the one notregistered in the marriage is more important than the third part.So,it is vital toimpose strict restrictions on the others who want to obtain the matrimonialproperty.Finally,I conceive,in this way,we can stabilize the family life and achievesocial harmony. |
