On The Legal Effect Of The Couple's Unilateral Sanction With Common Property

The spouse property system includes statutory property system and agreed property system in Chinese Marriage Law.The legal property system is the system of common property after marriage,the husband and wife have the equal right to dispose of the common property.About the scope of community property,our country's marriage law explicitly stipulates it is obtained while a spousal relationship subsists.However,it is noteworthy that whether it can be recognized as the community property acquired during the following periods.The periods include that has completed the marriage registration but has not yet received the marriage certificate,a party is missing,the couple live apart.The conduct of one party's disposition of the community property can be divided into two conditions: one has the right to dispose,the other has no right to dispose.The conduct of one party's disposition of the community property without the other's agreement,shall be valid for the other party within the scope of daily household matters and general administrative authority.The conduct is invalid to the other party once beyond that scope,but not against the goodwill third person.The scope of daily household matters should use the model of summarizing,enumerating and excluding to define in detail.The interests should be balanced between spouses of the other party and the goodwill third person when we decide the disposition effect of one spouse's disposition of real property and personal property without authorization.