Unauthorized Disposition Of The Contractual Validity Of The Joint Object

With the rising housing prices,second-hand housing trading has become a very common phenomenon in the community.And with the surge in the amount of related transactions,couples private ownership of a total of housing cases are common.However,there is a clear conflict between the different legal provisions of our country,and the conflict between these laws leads directly to the results of the judgments in the judiciary---If there is any evidence that the validity of the contract is invalid,there are only a few judgments that the contract is valid.In order to solve this tragedy in judicial practice,reasonable protection of the parties to the contract and the interests of property rights,the author will arbitrarily deal with the validity of the contract to explore the issue.In this paper,the concept of punishment,co-ordination and other concepts were carefully sorted out,the value of the effectiveness of the contract carried out an objective analysis of the judicial practice of the relevant cases were set to compare the reasons for the analysis of different cases---Logic is unclear,the legal rank is different,the concept of distinction is unknown,etc.;for these reasons,the author of the logical combing,value comparison and comparative study,and finally concluded that the solution to this problem,that is,the introduction of legislation The right of property acts of the theory of reason,in the judiciary to improve the "Supreme People's Court on the trial of the sale of contract disputes applicable to the interpretation of legal issues" the relevant provisions of the law.This article is divided into five parts:the first chapter,the second chapter,the third chapter and the conclusion.The introductory part of the case leads to a question to be explored in this article? the effect of the contractuality of the joint possession of the matter,why the first-line court ruled that the results of such cases varied.Why the rules between the different provisions of such a large disparity,how to resolve this contradictory situation.The first chapter combs the basic concepts involved in the contractual effect of disposing of shares.And analyzes the relationship between the establishment and the entry into force of the contract,so as to better understand the relationship between the two and the relationship between the two,and from the common and common and atypical common to share the concept of similarity Justice,efficiency and freedom.The paper analyzes the relationship between the right of disposition and the right of disposition and the effect of the contract in such cases.The second chapter introduces the relevant cases of judicial disputes on the validity of the contract,and analyzes the dispute between the cases and draws out the crux of the law.This paper analyzes the different modes of real right change and compares them with the law of the case law system and the international model law on the subject of the law.Regulations.The preliminary conclusion is based on the requirements of the legal system coordination,based on the requirements of transaction efficiency,the contract for the disposal of the common matter based on the requirements of transaction security should be valid.In the third chapter,the author puts forward some suggestions on how to improve the validity of the contract,and introduces the law of property right change in the legislation and analyzes the feasibility of introducing the model.In the judicial direction,The relevant understanding and application of Article 3 of the Interpretation of the Sale and Purchase Agreement,while paying attention to the distinction between the force and the mandatory mandatory norms.The conclusion of this article is the final summary of this article,limited to the ability and length,this article on the unauthorized disposal of the co-ownership of the contract is limited to the practice of the more common trading transactions,and for mortgage,pledge,lien security rights and Gift and other disciplinary action failed to carry out more exploration,hope in the future study and life of the problem can be more comprehensive and detailed discussion.