An Exploration Of Protecting Property Rights Of Dormant Community

Real estate is the material foundation of connubial symbiosis which contains expansive market value, and it relates to the serious benefit of connubial property. Affected by the traditional concept of marriage and family, connubial real estate prefers to register one side. However, in present legal protection on the connubial property is not enough in China, therefore it raises the problems when one of the couples assigned the estate to the third party the other of the couples who had no register was lack of the legal protection to maintain the property.First part is introduction, in which proceeds with case study and arouses the question that there exists huge numbers of dormant ownership, and then the register probably assigns the estate to the third party without permission of the non-resister. With the condition adjudicator personnel always trapped into the dilemma whether protected the dormant ownership or the bona fide acquisition of the third party. Based on this condition this paper discusses the range of study and methods.The second part is an illustration of connubial dormant property. It starts with the definitions of connubial dormant property and personal dormant ownership, and then comparing the connubial dormant property with the connubial property for analyzing the characteristics of connubial property. Based on the comparison this paper demonstrates the reasons which cause connubial dormant property in China. At last this paper provides a brief approaches the significance of legal protection on dormant estate of couples without resister.The third part is mainly discusses the problems on legal protection of connubial dormant property. It begins with analyzing of legislation. It mainly introduces two aspects which specifically refer to the legislation of connubial property and bona fide acquisition. Besides this paper analyzes the judicial problems, which including three parts:the first one is a discussion on ownership of connubial estate; the second one is an illustration of the problems on effects of register handle the estate without the permission of non-register; the third one is the problems on bona fide acquisition of the third party.The fourth part of this paper proposes the brief suggestions which are based on the problems in chapter three. The suggestions can be classified into four aspects: the first group is the legislations of completing connubial property; the second group makes sure of the agency system of the family affairs in daily life; the third group is the completion of estate’s bona fide acquisition system; the fourth group is set up the system of connubial estate.