Protection Of The Rights Of Co-owners In The Event Of Unilateral Disposition Of A Common House

In reality,one of the husband and wife sold the jointly owned house to the third party without authorization.After selling,the other part appealed to the court to decide that the contract of sale and purchase was invalid.And then the case of requesting the return of the house occurred from time to time.In this case,how to balance the interests of all parties and how to focus on protecting of the rights and interests of co-owners,the author tries to find out the existing adjudication from the trial practice,analyze the reasons for its adjudication,measure its results,and then puts forward suggestions to guide the referee.This paper is divided into three parts.Chapter 1.This chapter probes into the present situation and problems of protecting the rights of co-owners when dealing with the joint house of husband and wife,which is divided into two aspects: the present situation of legislation and the present situation of judicial practice,mainly analyzing the practical problems through several adjudication and typical cases;Chapter 2.Firstly,under the traditional concept and registration system,a large number of anonymous co-owners exist,and then the third party's rights and interests are over-protected.Including the reality of the housing buying and selling boom,the deviation of the legislative value,the absence of the priority protection of the family housing rights,and so on,and then the internal logical dispute of the law,which mainly focused on the conflict of disposition of the right to dispose and the dispute of the mode of real right change;Finally,it explores the path of protecting the rights of co-owners.This paper puts forward that the contract of unilateral disposition of the common house should be considered effective,and the system of causation of real right change should be introduced.And in addition,the bona fide acquisition should be carefully determined in practice.Finally,it points out that the special property system of husband and wife should be considered in the judicial system.