On Effectiveness Of One Party Diposing Of The Jointly Owned Property At Will During The Existence Of Marrige

Marriage and family relationship is the combination of personal status relationship and property relationship. The property relation between husband and wife not only concerns the development of the family but also the material base of the husband-wife relationship. Following social economy progress, the amount of family wealth is becoming larger and larger. Husband and wife may be involved in civil transaction activities as a single part or together, different ways make different results in many fields of transaction.Clearing the effect of one party disposing the joint property is helpful to protecting the benefit of the third person and the transaction security. This paper mainly considers involuntary transfer and voluntary transfer. There is a great contract between different ways, so we will discuss them one by one. Due to the contradiction in judicial practice and some delicate issues, voluntary transfer to the cohabiting persons has drawn the most attention.There are detailed analysis about in this paper.There are fewer clauses about the effect and relief of one part disposing joint property.This is helpful to the harmony of family.What's more it makes contributions to the social harmony.Clearing the effect of one part disposing joint property can make the life more convenient and protect the benefit of both parts. Though there are some articles about disposition principle and one part disposing "daily affair" in the Marriage Law,there are no definition about "daily affair".In my opinion, on the purpose of protecting joint property, real property, important personal property, large install payment, disposing all the property and voluntary transfer should be treated differently with "daily affair",because of the effect to the family.The purpose of the paper is discussing the effect of one part disposing joint property during the period in which they are under the contract of marriage to the third person and the other part. And make the supposition about developing the system of daily affair agent right, so that we can complete the system according to the condition of our country.