Research On Unauthorized Disposition Of Marital House Property By One Party Of The Couple

The family is the basic unit of social life, housing is the material basis for the existence of the family, in social life, based on mutual trust between husband and wife will often matrimonial house only registered in one name, so we had a "hidden the tenants. " With the rapid development of market economy, it becomes complicated when such registration in the party name of matrimonial property in the secondary housing market transactions. When the registration rights of people without the consent of the other couples there are houses without punishment, Unnamed total of people will claim their rights have been violated, then the court will need to protect the rights of transactions between third and anonymous co-owner of to make a choice.This paper is divided into four chapters, concluding four legal questions from a case, the first chapter questions, combined with the Court Verdict on the case to sort out the focus of controversy; Chapter II, Chapter III, Chapter IV, Chapter V of the dispute were the focus of gradual analysis and reasoning, combined with existing laws, regulations and judicial practice, the focus of the issue put forward its own interpretation and insight, look for the best way to solve such problems. The second chapter is to identify issues regarding jointly owned property.The third chapter is controversy about the house is indeed the right program, the nature of housing registration behavior theorists have different views, I believe that the real estate registration act shall be a civil non-litigation procedure, the "of course, as a civil right of action pre-determined program. By the author analyzes the nature of housing registration act and finds from the "Property Law" Article 19 of the legislative intent to analyze the argument "dissidence registration" is not a civil right to do pre-procedure program. The fourth chapter is to analyze the behavior of a spouse unauthorized disposition about the effectiveness of a total of houses, for a total of both spouses have equal right to dispose of property, the "disposition" is the question whether the conduct of an effective theory and practice in key research. In the appeal finds housing for the husband and wife jointly fight common premise, it will have two divergent views: one view, the spouse is not entitled to dispose of common property are not punished, only one party to dispose of the property of others constitute Unauthorized Disposition; Another view is that the common property of husband and wife for punishment include sanctions because of daily needs of punishment and not because daily needs, and houses belonging to the value of a larger article, in particular with case case, goodwill acquired in good faith for some time duty of care to identify and bona fide third parties were analyzed and a third person present case does not apply to the complaint made bona fide acquisition contention houses.