On The Efficacy Of Disposing Of The Community Property By One Party Of The Couple Without Authorization

With the increasing community property,individuals and families participate in market activities more and more frequently.The action of one party disposes the common property without authorization not only relates to the husband and wife internal property relations,but also relates to the legitimate rights and interests of the third party,even affects the whole social transactions order and the social harmony.In real life,the phenomenon of disposing community property is nothing new now.And how to balance the property interest between the spouses and the third party property is becoming more important.When one party disposes the community property without the other agreement,we apply the article of Property Law to judge the action validity,while the purpose of setting common ownership system is different between Property Law and Marriage Law.The civil subject can freely choose whether the object is owned alone or common to achieve its maximum value of using.Different from others,marriage law belongs identity law,which has the strong characteristic of Status Law.As a means of obtaining ownership,the bona fide acquisition aims to balance the interests between the spouses and the third party and protect the safety of transaction.When it used to judge the action validity,the system value the interest of the third party more than the spouses.When we analyze the action validity,Current laws and judicial interpretation don't give explicit provision for this question.And the article of the equal of discretion is not specific,and the scope of family affairs is not clearly defined.The nature and validity of the action which one party disposes the common property without authorization is also controversial.Based on the situation that the existing law tends to protect the third party,how to protect the interests of the injured party of the spouses?Although the Supreme Court in the judicial interpretation of the Marriage La w(C)increased tow system for relief,the overall protection of the interests of spouses are still need strengthened.The one salvation is the wife or the husband divide the couple's joint property during the marriage.And the other is the system of compensation for injury of divorce when one dispose the house without authorization.This paper analyzes these issues on the basis of the analysis of the action validity.And it concludes the shortcomings and make some suggestions.