A Study On The Responsibility Of Unilateral Disposal Of Joint Property

Husband and wife relationship is a special kind of legal relationship. It produces a series of responsibilities and obligations that based on the proceeding of law. It forms the particular property relationship between husband and wife. The laws of China provide a general regulation for husband and wife property relationship, the husband and wife have the same right of property disposition. This kind of regulation determines the husband and wife have equality property relationship in certain extent. But there is no detailed law of husband or wife making bold to dispose of family property. And there is no special-purpose law for unauthorized disposal act and the way of undertaking the responsibility. The law of this regulation is to consider the particularity of the relationship between husband and wife, so the legislators adopted a cautious attitude in the rules. But, at the same time we find that there is no punishment to the infringement behavior when the husband or wife unilaterally disposes family property. It is not conducive to protect the other party’s property rights. And it brings negative effects on the couple relationship. According to this problem, I will make a detailed analysis of the related problems of the husband or wife making bold to dispose of their own property in this thesis. The character, effectiveness and the punishment of the husband or wife making bold to dispose of family property is discussed in my thesis.According to the paper length and structure, I will divide this thesis into five sections.The first part is the introduction. This part elaborates the background and significance of this topic, the achievements of scholars, the main research methods and content. It introduces the situation of this topic in our country and the author’s opinion.The second part is the outline of this topic. It mainly elaborates the concept of joint property of the spouses, the basis of it and the rules of property right of disposal. Through learning these basic concepts, we will better understand the thesis.The third part is the character and effectiveness of the husband or wife making bold to dispose of their joint property. It mainly analyses the current legal regulations of China, and the several situations about this topic. Others, it elaborates the effectiveness in our current laws.The fourth part of the content is the deficiency of the punish system about the husband or wife unilaterally dispose joint property. In this part, I introduce two specific cases as empirical analysis, and points out the problems of this topic in the legal basis and the specific processing. According to such an analyzing thinking, this paper studies the problem of this topic combined with cases study.The fifth part is my idea of legislation, mainly aiming at the problems of the husband or wife making bold to dispose of their joint property. I bring forward some idea protecting the property relations of husband and wife from four aspects. It includes the choice of law, law cognizance of this infringement act, the forms of legal liability and the liability subject choice to the third parties. On the basis drawing these legislation, have bring forward some idea protecting the marital property system. Perfect our country protects insufficient current situation to the marital property system.