Study On The Spouse’s Independent Disposal Rights On The Couple’s Common Properties

Marital relationships are unified with identity and property relationships,property relations of the couple’s social activity matters not only the sustainabledevelopment of the entire family, but also the material foundations to maintain thecouple’s proper identity relationship. With the continual prosperity of the socialeconomy, the wealth of the family members increased rapidly, when couplesrepresented by each spouse or marriage community participate in the civil activities,the property disposition rights differed with the different situations, which alsoinfluenced both the civil activity and other aspects of social activities.The confirmation of the range of a couple’s common property is the mainprecondition to discuss the topic in the thesis, couple’s common property is theproperty which is acquired during the existence period of the married relationship bythe couple or spouse, besides the regulations made by relative rules or appointmentmade by parties, the main divergence with the individual property is whether theproperty is acquired during the existence period of the married relationship. For theindividual property, the owner absolutely has the independent disposal rights, but forcouple’s common property, Chinese Marriage Law explicitly stipulates that eachindividual of a couple has the equal disposal rights. The equal disposal rights,according to whether the property is the significant one or not, are divided based onthe principle that disposal rights of daily affairs is entitled by individual, and thedisposal rights of significant event is entitled by the couple.The institution of couple’s common property of spouse individual aims to bothfacilitate the couple’s daily life and fully protect their property rights. Dailyhousework dealership is the most usual form to dispose the couple’s commonproperty, the agency is available for the daily affairs, and here the legal actperformed by spouse individual is representative to the couple’s common will, whichalso implies that the couple burdens the joint liability. Similar with the dailyhousework dealership, as another crucial form of disposal rights entitled by spouse individual, general regulation act is responsible to the couple’s basic interests, whichaims to preserve and increase value of properties, including simple fix of thedepartment and rent. However, Chinese Marriage Law states unclearly about how toconfirm the recognition standard of significant event. In my opinion, based on theprinciple to protect the couple’s common property, the disposal act whichsignificantly affects the couple’s daily life including the disposal of real estate, largeamounts of installments or loans, disposal of the couple’s entire property, andfree-disposal act, should excel from the range of spouse individual disposal rights.When the disposal of the spouse individual matters the critical event of thecouple’s daily affairs, the individual disposal evolves to an unauthorized one if thecouple fails to reach an agreement. With respect to the unauthorized disposal contact,I believe that the contact remains ineffective, which means the spouse individual isable to subsequently confirm or repeal the relative rights to protect self’s interests.The contact is valid or not depends on whether the spouse favors it. To defend thelegitimate interests of the third party when exchanging and protect the exchangesecurity, when the legislation endows the spouse’s effective relief approach which isfavored by the institution for the third party. In other words, when the unauthorizeddisposal individual transferred his (or her) properties to an assignee, the assignee isendowed to obtain the property if he (or she) is bona fide. Bona fide acquisition iscomposed of four parts, unauthorized disposal, bona fide vendee, paid reasonableconsideration, and paid or registered subject matter, above all, the recognitionstandard of the bona fide is the most dominant factor. In my viewpoint, the standardof the bona fide includes not only whether the third party paid reasonableconsideration, but also incorporates that whether he (or she) fulfills his (or her)obligations recognized by the general social experiences of caution and notice, andburden of proof of which the other spouse individual definitely agrees to dispose theproperties.