The Study Of The Legal Issues About One Of The Spouses Unauthorized Dispose Of Joint House

With the rapid development of market economy, the law is more and attention to protect the security of the market.Our country marriage from the law of the People's Republic of China property law regulation, the husband and wife a party without authorization, dispose of property in good faith system, the applicable scope of the security interests of a third person in good faith.But in a surviving spouse dispose of the property for the marriage and family only when housing, involving a total of people and the survival of family member rights, our country marriage legislation still rules of common ownership interests, let is located in the third person is one-sided.Aiming at these problems, the author from the following four parts to discuss:The first part.The disposition overview of the couple's joint house, through to the definition of husband and wife property of this part, a summary of the current legal system and the theory of the situation should belong to the husband and wife property;Analysis the right way about the couple's disposal.Analysis the way of the couple's disposition right and put forward this paper is based on dispose of the couple's joint house without authorization.The second part.The legal analysis of the unauthorization dispose of the couple's joint house,this part expounds the present stage our country the couple a party without authorization, dispose of the behavior of housing types, and according to the existing theory of husband and wife a party without authorization, dispose of behavior analysis of the building.By couples a party without authorization, dispose of the behavior of the total house effect two aspects in detail in this paper, the properties and behavior, it is concluded that the author views.The third part.The protection of kindness others on unauthorized disposal of couples, this part is divided into through the analysis on a surviving spouse without authorization, dispose of property protection under the condition of a third person in good faith in the legal basis, and explains the cognizance of the third person in good faith in the good faith system. And relevant judicial explanation of marriage law about the elements of good faith system.Put forward in a couple of dispose of property without authorization by a party of a third person in good faith to protect improve opinion.The fourth part.To protect the mutual benefit in unauthorized disposal, this part from a surviving spouse dispose of property violation to the disciplinary action party without authorization of the ownership of the people of analysis in our country is relatively perfect system of housing registration, the causes of a surviving spouse dispose of property without authorization, and tendency of our country legislation to protect the interests of the kindness and ignore the disposition of mutual protections.Expounds theoretical basis that defends the interests of the mutual dispose them, put forward in the husband and wife a party without authorization, dispose of the property for the marriage and family housing, shall have the priority to protect the survival rights and interests of parties and family members.And put forward clear from daily life agency, establishment of marriage and family housing right of priority protection and construction of marital tort relief system in the face of the disposition of the co-owners interests protection countermeasures.