A Study On Legal Issues Concerning The Unauthorized Disposal Of Joint Real Estate

With the development of society and economy, most core real estate assets in the part of the jointly owned property has become increasingly important. In judicial practice, the litigation that one of the spouses dispose the estate without authority grows increasingly. This matter not only undermines the basic harmony of the family, disrupts the normal market order, and even malicious infringes upon the legitimate rights and obligations of the criminal law. According to the registration status and the seller of the property sold in different ways, such disputes can be basically divided in: the registered one handles matrimonial tenement without consent, the unregistered one handles matrimonial tenement without the consent of spouses, and the unauthorized transfer the real estate under a fake identity of husband and wife. To the trial practice and the legal theory, in different situations, how to identify the status of property ownership, real estate sales contract’s validity, whether the third person can obtain ownership or other property rights and so on, requires further study.This paper will establish a general rule in such cases trial, based on the civil laws and regulations of the relevant judicial interpretation, by comparing statutory property system with unauthorized disposal, unauthorized agency, ostensible agency, good faith acquisition and so on, through the type of analysis to clarify the legal effects of the spouses.This paper consists of seven chapters. The first and second chapter, through the introduction of jointly owned property, the family attorney, matrimonial and real estate concepts, combined with judicial practice case, the total property of the spouses unauthorized disposition of cases are divided into three types: type right disposition, the right to Proxy, false sanction type;The third, fourth and fifth chapters, by introducing the theory and practice of one of the spouses conduct unauthorized disposition of real estate properties identified a total of applicable knowledge and legal differences, leads to a focus of controversy and difficult issues need to be studied in the paper, according to the above distinguish three types, from the perspective of civil law legal theory, analysis of the main factors affecting the total spouse unauthorized disposition of real estate legal nature: Property registration status and subjective seller wishes to sell the way. According to Property Act creditor behavior and the principle of distinction, respectively, based on the right disposition, the right to dispose of bogus proxy type and type of spouse unauthorized disposition total real estate legal analysis of the effects will be understood as the effective elements disposition of property and change the sale of non-effective elements;Chapter VI, based on the principles of civil law protection trust, respectively, based on the right disposition, the right to dispose of bogus proxy type and type of spouse unauthorized disposition of real estate legal action if there were bona fide acquisition and sees the agency system is suitable for analysis and research trust protection Scope of principles.Chapter VII, from the legislative, judicial and administrative different angles, to make recommendations on a total of one spouse unauthorized disposition of real estate legal act.Finally, the text put forward the basic practices and precautions in such cases for judicial practice.