The Research Of Legal Regulating Of The Common Property Of Husband And Wife’s Disposition In China

Common property as the main form of most of the marital property relationship in our country, is meaningful to both sides of husband and wife, and family members to live together. Right of disposition as one of the most important basic power of common property of husband and wife, directly determines the fate and ownership of the common property. Legal specifications of the common property disposition determines the objective realization of common property functions. In our legislation and judicial practice, however, there are some problems. In the legislation, our "marriage law" just stipulate the discretion of both sides of husband and wife common property through a general simple principle, yet the disposition of the definition is not clear. Although in the process of judicial practice, judicial interpretation has another regulations on the disposition of common property of husband and wife, it is still ambiguous.what is the scope of daily chores is unclear.The system of "good faith" is how to be applied to the issue of common property of husband and wife is also unclear; The conflict between the imperfect real estate registration system and the house registration habit in China, leads to the common property of husband and wife cannot obtain the effective legal protection and its disposition also cannot be effectively exercised; When the common property is disposed by one of the couple, the other yet cannot gain a better relieve in the procedural law. At the same time, the judicial practice of understanding legislative original intention is not deep and incomplete in the implementation, just pay attention to the judicial efficiency, but neglect the judicial effect. The right of disposition of husband and wife common property is classified to be regulated. It is distinguished between movable and immovable property, and then the law regulates it based on the value and its meaning to marriage and family life in the countries of Mainland legal system, when the husband and wife common property disposition is violated, the law is also providing a timely relief path. Specialized in Anglo-American law system countries in view of the common property of husband and wife property, It is regulated through special legislation for centralized system rules. In some states of American, there are the common property.Rules on the husband and wife common property are about right of management, which includes the disposition. The mode of management is specified to be a joint management mode and a separate management mode, in which the administrator’s rights are necessarily restricted. Our country can learn the rules which classifies the husband and wife common property and the practice of making specific adjustment about the specific object from the continental law system.And the classification standard pay more attention to its values and its function to family life. The stable and harmonious goal will be achieved through the improvements in the substantive law regulations and the procedural law regulations.