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The Common Interests Of Husband And Wife Are Common

Posted on:2016-09-03Degree:MasterType:Thesis
Country:ChinaCandidate:X WangFull Text:PDF
GTID:2206330479986273Subject:Law
Abstract/Summary:PDF Full Text Request
The purpose of this paper is to research system of real property in good condition, joint property cases, the anonymity of interests.And current theory, from the law of the People’s Republic of China property law since establishing the system of Bona Fide Acquisition, its applying total house together with the husband and wife a party without authorization, dispose of this situation, the combination of husband and wife, which combined with the unauthorized disposition of the common house by the one side of the couples,leads the interests of the loss.There have been arguments constantly between Is real property applicable to Bona Fide Acquisition. There are fourchapters in this paper. The first chapter introduces Bona Fide Acquisition of real property and collective and mutual house of common ownership, and gets a positive real property is applicable to the system of bona fide acquisition of the conclusion and puts forward the issues discussed in this paper, the law attaches too much importance to the interests of the third person, neglected the common shared housing hidden were to protect the interests.The second part analyzes the dormant co specific situation of human rights protection edge, combined with the actual case analysis to explain the reasons and dormant dormant CO produced a total of necessity of human protection. The third part lists the extraterritorial legislation situation, proposed our country can learn from the experience. The fourth part of our proposed system legislation expostulation and specific suggestions.The eighteen session of the Fourth Plenary Session proposed the construction of socialism with Chinese characteristics system of rule of law and building a socialist country ruled by law and the target. Comrade Xi Jinping pointed out: "all the important reform must the observed according to law, the law is ruling the country machine, good law is the prerequisite, good governance therefore, this paper for the acquisition of real estate in good faith system, the spouses of unauthorized disposition are common housing, dormant co interests difficult to get relief highlight this practice problems in the evaluation of the best interests of the exploration and solution to the current legal system, the provisions on the blank is not perfect for supplementary suggestions, hope to be able to derive for the perfection of China’s socialist modernization construction of the legal system with continuous positive significance.
Keywords/Search Tags:Bona Fide Acquisition of Real Property, Common Ownership, Unauthorized Disposition, Rule the Change of Real Right
PDF Full Text Request
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