The Study About The Disposal Right Of The Husband And Wife’s Common Property

The regulation about the husband and wife’s common property in the legal system of marriage and family, relates to the legal right of the couples. The disposal right, as the core content of the ownership of the husband and wife’s common property, affect not only the harmony of the marriage and family’s order, but also the stability of the country and the society’s order whether the way to exercise it is reasonable or not. In the case of the unauthorized disposition of the common house by the one side of the couples, when the husband and wife’s common property especially the common house participate in the market circulation in the judicial practice, it not only relates to the protection of the trade’s safety, but also affects the spouse’s fundamental legal right of property and living whether the behavior will be handled properly and the effectiveness of the house trading contract signed between the one side of the couple and the third person will be judged correctly. The writer trying to research and review these issues and the legislation mentioned above in this thesis.The thesis is divided into four parts except for the introduction and the abstract. In the first and the second part, the thesis analyze the way to exercise the disposal right of the husband and wife’s common property on the basis of summarizes the husband and wife’s common property and its disposal right, recommend the rationality of the one party’s disposition on one’s own in the range of the usual management and daily life, at the same time analyze the range of the things should be disposed by the both sides of the husband and the wife. In the third part of the thesis, as the core case of the unauthorized disposition of the common house by the one side of the couples, the thesis suggests that the action should be the powerless disposition according to the case of the unauthorized disposition of the common property by one of the couples in the judicial practice. As the same time, this thesis analyze the effectiveness of the house trading contract signed between the one side of the couple and the third person in trading, according to the different situation of whether the ownership of the house has been transferred completely or not under the premise of distinguish the third people in trading is good-will or not, then discusses the specific methods to handle these cases in the judicial practice. The forth part of the thesis mainly analysis the regulation of the article11in the judicial interpretation (3) of the marriage law promulgated lately by our country, leads extremely bad influence to the protection of not only the property and life rights of the unknown party but also the stability of the marriage and family’s order, although it has good influence to the protection of the trade’s safety. This thesis try to put forward the corresponding suggestion according to the irrational parts of the legal regulation,we should regulates the only house of the family as the exception case to set the rule, at the same time, we should explicitly legislate that when the one of the couple dispose the family house in trading should have been authorized by the spouse clearly in the case that the house is the common property of the couples, no matter it has can helps to clarify the basic legal requirement when the couple’s common house participating in the trading market, in order to balance the relationship between the market’s transaction security and the interest of the marriage and family better.