On The Unilateral Disposal Of Matrimonial Joint Housing

By the method of classification, the spouse’s unilateral disposal of matrimonial joint housing can be divided into unauthorized agency and unauthorized disposal. It should not be defined as the exercise of the agent right to the daily domestic homework to sell matrimonial joint housing.In the case of unauthorized agency in a narrow sense, the legal effect of the contract between unilateral disposal side of matrimonial joint housing and the third party depends on whether the principal ratifies the actions of the agent, which means the contract is a contract with uncertain validity. In the case of unauthorized agency, the establishment of ostensible agency depends on whether the buyer has reasons to believe that the seller has obtained authorization.In the case of unauthorized disposal, the seller without the right of disposal has no effect on the validity of the contract. If the contract accords with the general requirements of validation, the contract can be affirmed valid. Because of the seller with no right of disposition, there will be certain obstacles for the implementation of the contract. Furthermore, if the buyer’s behavior meets all the important conditions of bona fide acquisition, the buyer could certainly take ownership of the house. Under this condition, the law sacrifices the real owners’rights to promote the security and effectiveness of the trade.In order to balance the interests of the two parts of the trade between the spouse and the third party acting in good faith, we should strictly control the definition of’good faith’ and its timing in bona fide acquisition. Meanwhile, the author holds that the perfection of special matrimonial regime will contribute to the settlement of the problem about the other party’s right of relief in unilateral disposal of matrimonial joint housing.