Settlement Of The Conflict In The Bona Fide Acquisition System And The Right Of Housing In Marriage

The purpose of this thesis is to research the problem of confliction between theapplication of Bona Fide Acquisition System and the protection of the right of housing inmarriage with the method of case penetration. In addition, it focuses on the problem of aspouse selling the co-ownership-in-common house without permission. It is because thatunder the exceptional circumstance, the applying bona fide acquisition would infringe on theother one’s right of housing in marriage, the author did the deeply research on the problem.In the first part of the thesis, Bona Fide Acquisition System is descried in detail. With theobserving of tracing the origins of the Bona Fide Acquisition System, the author introducedthe origination and development of it, as well as the process of its establishment in ourcountry. In the thesis, the author analyzed the three constitution factors about Bona FideAcquisition System established in proprietary right in detail and referred to that it should bestrict to apply the provision of the three constitution factors. At last of the first part, accordingto investigate in the theory and all sorts of doctrines about Bona Fide Acquisition System, aswell as elaborating the value of the system, the author was deep aware of the implication ofthe system.In the second part, the thesis explores the right of housing in marriage. At first, theauthor defined the right of housing in marriage. From the observing the origination of the right, it was noticed that the right of housing in marriage had been applied to do the specificprotection both in international law and foreign law long ago. However, legislation andprotection in the right of housing in marriage is backward in our country. Besides, in termsof practice, the author put a great deal of questions about the protection of the right of housingin marriage, especially in women’s minor position. At last, there is the analysis to the value ofthe right of housing in marriage.In the last part, with the detail observation in Bona Fide Acquisition System and the rightof housing in marriage in the last two parts, the author has solved the problem on a spouseselling the co-ownership-in-common house without permission. Firstly, the author proposesthat it should be strict to apply the provision of the three constitution factors about Bona FideAcquisition System established in proprietary right. Moreover, if a spouse sells theco-ownership-in-common house without permission, the right of housing in marriage shouldhave priority instead of Bona Fide Acquisition System. The author provides the basis for thepriority from the three aspects of a query of Bona Fide Acquisition System foundation,promotion of people’s livelihood, and to build a harmonious society. Last but not least, withobserving related foreign legislation, the author gives some suggestions on the problemsexisted in legislation draft in our county after thinking about them.