On The Construction Of The System Of Benefit Balance And Protection In The Unilateral Disposal Of Matrimonial Joint Housing

In the society,husband or wife dispose the joint house without the other party's authorization not to be rare now,although "property law" and "Marriage law" and the related judicial interpretation try to explore this problem,but it is also difficult to balance and protect the benefits,most prominent is the conflict between the non-disposing party and the third person in good faith.The present law has been clearly defined the contract that had no right to dispose the house to be effective,has subverted the traditional view about potency undetermined,this change truly represents the progress of legislation,if the dispose side can request the contract invalid by the excuse that have no right to dispose building,it will turn the duty to the plea reason,it is barbarically,trust interest of the third person in good faith will have no legal protection,the system cannot play the proper role."Supreme People's Court about Being suitable for<Marriage Law of the People's Republic of China>Certain Questions' Explanation(3)"(hereafter referred to as "Marriage law Judicial interpretation(3)")had stipulated the husband or the wife dispose house,although have no right to dispose,but if the third person is in good faith,and satisfied the other constitution important documents of Bona fide acquisition system,then the well-meaning third person obtained house's property rights.This stipulation focus on protecting the interests of the third person,but actually at the cost of the non-disposing side basic right to live,had not considered when the house is the only living room in a family,this presented the conflict of the well-meaning third person in good faith and the basic survival rights of non-disposing side.This article is divided into four parts,the first part begins from the case as well as to the profound analysis of related laws,elaborated in detail the scope of a total housing,disposition right and other theoretical knowledge,through the analysis of the origin and development of daily household agency rights,has been clear about the husband or wife dispose the total housing not to be the scope of the agent right of daily household matters.Then clearly pointed out that the type and different legal effect of this behavior,analyse the civil legal system that have no right to dispose and have no right to agent comparatively.Second part and the third part directly soars the subject,elaborated the rights protection of the good intentions third person and the party without disposing house,obtains the protection necessity,the application of Bona fide acquisition system,the reasons for the damage to the non-disposal party's rights as well as overseas legislation,to prove that when the house is the only living room in a family,the non-disposal party's rights should prior to the good intentions third person.Last part pointed the suggestion on balanced rights,for example,take the family's only housing as an exception to the application of bona fide acquisition system,perfect the special matrimonial region,introduce the notarization system into the real estate registration procedure,strive to balance the rights and interests of the third person in good faith and the non-disposing party in legislation.