A Study On The Legal Problems Of The Third Party 's Bona Fide Acquisition Of Couples

On August12,2011"about applicable<marriage law of the People’s Republic of China> problems solution Interpretation of "article11(3) in the form of law affirms the third person in good faith shall be applicable to the share of the couple’s property system of good faith. But because our country current law, there is no specific provision on the details of the "good faith" clause, show that follow a "goodwill" concerning the principles and standards, not only in an academic disputes, also in the judicial practice on the application of the good faith system has brought great difficulties, embodied in the judicial practice to grasp the differences of goodwill elements.In the judicial practice, joint property between husband and wife may exist in the process of trading the unauthorized agency behavior, the ostensible agency to a third person, the principle of public summons of real right and the third person the question-of whether or not to make for good faith, etc, in order to that of the third person when buying a share of the couple’s property in good problem, this paper consists of four chapters, chapter one couple of real estate registration and dispose of classified summary, proposed a third person in four different cases caused by questions about the cognizance of good faith. The general principles of the civil law, the second chapter, the property law, the agent behavior of "contract law" and the "marriage law" in the personal relationship of housework agent behavior, ostensible agency, legal agent behavior, the combination of between husband and wife in market under different agency authority, acting identity property transactions, can constitute a bona fide third person get a variety of situations. The third chapter through to our country current real estate registration management system, analyzes the loophole, put forward the perfect registration system, to strengthen information disclosure and combining examination examination as to substance and the form of three improvement measures, coupled with the different nature and type of property, by using the principle of property rights of the public, to provide to decide whether the third person of goodwill. The fourth chapter, clear standard, appraised by a third person in good faith to clarify how the four objective factors are determined under the condition of the third person of goodwill and eliminate the third person in good, so as to provide real judicial practice and more operational in good law.