A Study On Case Of The Issues Of The Property Rights Of House Owned By Couples But Delt By One Part

The Law about property system of couples regulates the property relationshipbetween the husband and wife, which`s main content covers the behavior ofestablishing,changing and eliminating, specifically, the belonging to, managing,using, benefiting, dealing with and paying for the life in a marriage. The proprietaryrights is a type of typical immovables, specifically, the rights of owning, managing,using, benefiting, dealing with the house. The proprietary rights of the house in theproperty system of couples are all the kinds of rights of the owner of the house. Now,house is a core property of a family, and is playing a more and more important role.In the real world, ex-part dealing with a rights of a house always happens. usuallysealing or renting to another one. That involving some issues, covering how to affirmthe belonging of the rights, how to affirm the contract, and whether the third part ofthe contract would acquire the rights of the house. All the issues refer to Property Lawand Marriage Law. Facing to them, the Court should select the right clauses and makethe judgment. That will be very important to the family relationship and the wholesociety.Around the case quoted, the article focus on how to affirm the belonging of therights, how to affirm the contract, and whether the third part of the contract wouldacquire the rights of the house. Proceed to the next step, the author raised opinions ofhimself.The article is divided into four chapters.Firstly, introducing the case. The case happened in Hainan Province, and coversthe typical issues in a dealing with a house.Secondly, the judgment and the main points. The case went through all twojudgment progresses. The points of the tow courts are same in some faces, but in themeanwhile different in some.Thirdly, analysing the points of the case. Around the case, this chapter analysedfour issues, whether the house belongs to the couples both, whether there should be aprogress before, whether the behavior of dealing with the property right of the house is effective, and whether the third part of the case could hold the property right of thehouse.Fourth, the conclusion. This chapter would give an enlightenment. Theconclusion would covers that the way and method of affirming of the property rightsof the house, and the behavior of dealing with the property rights of the house by apart of couples is not effective, but the third part would own the property rights.