On The Unilateral Disposal Of Matrimonial Joint Housing

Housing for people has important value, as opposed to ordinary families, perhaps they only have one house for their living. One of the spouses sale the house, not only harm the legitimate rights and interests of the nonprescription side, but also disturb the order of market transactions. How to effectively protect the survival of residence of the nonprescription party, it has become a serious problem. The judicial interpretation of three on marriage law, between nonprescription and the third parties, we tend to protect the interests of bona fide of the third parties. Make the contradiction housing rights within marriage and bona fide acquisition system more acute, which is not conducive to maintaining family unity and stability. The author proposes compulsory registration of real estate by the couple and other measures, to relief nonprescription party rights. This article is divided into three parts.The first part: from cases that exist in the life, we proposed to discuss the problem, Compared the difference between the unauthorized disposal and unauthorized agency. Defines the scope of the matrimonial joint housing, and classified the situation of one part sale the matrimonial joint housing. Analyzed from the following three situations, the first situation is the house registration B and A,one part sale the house to the third person, constitute unauthorized agency; The second situation is the house registration A, A sale the house to the third person, constitute unauthorized disposition. The third situation is the house registration A, B sale the house to the third person, constitute unauthorized agency.The second part: comprehensive analysis the specificity of the matrimonial joint housing. By contrast with agent right to the daily domestic homework, unauthorized disposal, bona fide acquisition, reached the following conclusions: to sell the matrimonial joint housing is not the agent right to the daily domestic homework. The judicial interpretation of three on marriage law, have no right to dispose of the sale contract is to be valid. This is conflict with our bona fide acquisition. The premise of bona fide acquisition is unauthorized disposal, now we made the sale contract is to be valid, so the role of bona fide acquisition system greatly reduces. Because of the third part can be based on effective contract to let the buyer to perform the contract. There are many deficiencies of real estate in registration system.The third part: based on the above analysis is proposed to improve of bona fide acquisition to prevent mutual interests damaged from the unilateral disposal of matrimonial joint housing. The author holds a variety of ways to protect the right of nonprescription side.