On The Balance And Protection Of The Equity Interests Of The Couple And The Employee

With our country’s legal property system of husband and wife is married income total system, in addition to the husband and wife or otherwise agreed by the special provisions of law, marital relationship continues to exist during the registration in the name of a party of real property was regarded as husband and wife common. Due to the impact of our country’s customs and culture, many married couples buy houses often registered in one name, and registered in the name of the man. At the same time, the end of last century housing reform, most units are required to be registered in the housing property certificate in the name of the unit employees. This resulted in real life in real estate management authority certificate documenting human rights and dormant total does not match the situation. In front of the huge value of housing, real estate register vulnerabilities without betraying a couple of common housing through a lot of malicious real people, resulting in a trial practice in a large number of couples party requesting confirmation of the housing sales contracts invalid litigation. In community prop, housing not only has important economic value, but also maintain the material basis for family living. It concerns to the significant benefits to both husband and wife. Property transactions in one party, not only affect the other party’s property rights, the right to life and other basic rights, but also involves a series of market transaction security issues. How to achieve the balance of interests between the two, it is very important. From the "Property law" in good faith acquisition system to the "Marriage law judicial interpretation (3)"Article 11 of the regulations, the interests of bona fide third people are well maintained, but the interests of the other party, which is damaged by the right, can not be protected in the field of marriage law.In the first part, the author summarizes the matrimonial home range and a total of the right to dispose of people, and through analysis of typical cases, showing the trial practice in a third person in good faith and a couple of total housing dormant total imbalance of protecting the interests of the people.The second part of this paper to a third person in good faith and a couple of total housing dormant a total of interests between the comparative study that imbalance between the interests of the protection is the current legal system overly protective of the interests of a third person in good faith, ignoring the dormant, the protection of the interests of the people, and to the "marriage law interpretation (3)" the provisions of Article 11 of the assessment.The third part is the suggestions for improvement of our current system of legal rules, starting from the two aspects:on the one hand is couple a total of housing right to dispose of the necessary restrictions. Another aspect is to be used in families living housing exclude the application of the system of bona fide acquisition, so as to realize the harmony of two principles of ownership protection and transaction security.