Nameless Co-proprietor Rights Protection On Conjugal Real Property

Grounded upon the status-quo that Chinese traditions and marital ethics contribute greatly to the considerable conjugal property existing, that the Marriage Law stipulates the property acquired within the marriage are legal community property with community rights (under the condition that there is no agreement on individual ownership), therefore, any real property registered under the name of one party, belongs to the community property, which leads to the subject of this paper nameless co-proprietor. The range and scope of the property rights of the aforementioned co-proprietor has been gradually narrowed due to the development and variation of judicial interpretation of the right protection of the nameless co-proprietor in the Marriage Law, the Real Right Act enforced on October 1, 2007 and the Administrative Regulation of Real Estate Registration on July 1, 2008. On the other hand, the property rights of the nameless co-proprietor are further weakened by the abuse of the granted agency of family affairs and the application of the Bona Fide Acquisition (BFA).Therefore, on the one hand, we should limit the extent of the granted agency to the daily family affairs. On the other hand, the present real property registration system needs urgent adjusting to provide favorable compensating measure for the nameless co-proprietor in the light of registry rectification and dissidence registration according to the Real Right Act and the Administrative Regulation of Real Estate Registration.In order to provide solid protection for the property rights of the nameless co-proprietor, we must specify the examining procedures of registration division, perfect registry rectification and dissidence registration, broaden the scope of registry rectification for nameless co-proprietor's interposing objection, add a real property checking procedure in registration system, and append a special registration system for conjugal real property.