On The Balance And Protection Of Either Of The Spouse Disposing The R Elated Interests Of Common Property Without Authorization

This article to start with the basic theory of the couple’s joint property system, the couple’s joint property in relation to protection of the interests of bona fide third parties put forward their proposals, Finally, we have to balance the interests of the non-jusdisponendi, and put forward in protecting the interests of a third person in good faith and at the same time, also want to pay attention to protection of the couple’s joint property who either does not dispose the interests. Therefore to provide some ideas to improve the marital property system in the mainland. In order to"This is the complete quenching and new, fill in the this have no and the new".Beside the introduction and conclusion parts, the full text is been divided into another three parts as following.The first part is about the basic theory of couple’s joint property system and the disciplinary right of the paper. In this section, we have three points. The first is what is the couple’s joint property and its rights. Based on the analysis of the present marriage law in our country stipulated in the couple’s joint property rights and content, we put forward that the couple’s joint property system is to realize the basic marriage and family life material requirements and is the leading system of marital property system; The second is to introduce the couple’s joint property right of disposition, from the point of view of the basic principles of utilizing the right and the way of utilizing; The third is to describe the properties and the effects of utilizing the jusdisponendi unilaterally.The second part is about the third person in good faith in relation with the couple’s joint property. This section is been divided into four content. Firstly describes the basic legal principle in protecting the third person in good faith; then from the characteristic of the couple’s joint property and the relationship between the third people in good faith and the couple’s joint property to put forward the definition of the marital property relations in the third person in good faith; followed by reviewing the present marriage law judicial interpretation (3) of article11; and finally put forward the protection improvement Suggestions for the third person in good faith that related with the couple’s joint property sanctions.The third part is about to balance and protect the interests of the non-jusdisponendi when either of couple dispose the couple’s joint property unilaterally. Firstly the author think it needs to balance in the protection for the third people in good faith and the protection for the non-jusdisponendi’s interests while either of the couple dispose the couple’s joint property illegally, and then elaborates the necessity of protection for the non-jusdisponendi’s interests, and finally put forward two improvement Suggestions for the protection ways.