The Contract’s Effectiveness Of One Of The Couple Making Bold To Dispose Their Common Property Without The Other Couple’s Agree

The right to dispose of a couple’s common property is an important content between the husband and wife’s relationship.But with the rapid development of China’s economy and society, people’s concept of law was growing and awakening,it’s more frequently that one of the couple making bold to dispose their common property without the other couple’s agree.In such cases,the other party that aggrieved for this behavior often sue to the people’s court for the disposition of the contract between the actor and a third person into invalidly, and demand damages.In the process of dealing with such cases,because of this kind of problem is very complex and diversity itself, as well as the change of the legislative idea and the different understanding of the law, and so on,it is very vague to deal with it resulted in different judgment facing on the same case. Thus it’s resulting in a serious impact on the judicial authority and unity. And the further affection to the instability of market trading rules which is seriously affect the normal operation of social economic market’s order. At the same time, there is a collision between the provisions of article 3 from the judicial interpretation and the contract law.In this article, through the comparative analysis and empirical analysis on the method and practice in combination, on the basis of analysis the legal nature and contract’s effectiveness of one of the couple making bold to dispose their common property without the other couple’s agree.To sum up the legal nature is an unauthorized disposition act,and the contract’s effectiveness is uncertain try to combine the supreme people’s court interpretation of the provisions of article 3, and through the interpretation of applicable standards targets, scope, and boundaries between the rule of law.Finally,try to take some opinions, proposal to solve all the problem.