Research On Couple Shared Housing Registration System

China's unique matrimonial property system and housing registration system make the types of cases are not uncommon that a couple of unauthorized disposal of common housing.The interpretation of the Marriage Law in 2011 is based on the protection of the security of real estate transactions.It is clear that the husband and wife shared housing is suitable for the acquisition of good faith.Under the national conditions in which housing registration and actual ownership are inconsistent,the acquisition of good faith by husband and wife is undoubtedly a sacrifice to the rights of the original right holder.Of course,the case applicable to good faith is only the most important one in the case of unauthorized disposition of the husband and wife.In addition,there should be a case where the applicable agency system is applied.The improper application of the agency system in judicial practice will also cause damage to the rights of the original owner of the joint house.One of the most important value objectives of the joint housing registration system in China is to realize the value balance between the protection of real estate rights and the security of real estate transactions.Obviously,the husband and wife arbitrarily dispose of the shared housing situation through the realization of the above two systems is an impediment,which has hindered the achievement of the value target of the husband and wife shared housing registration system.To put it simply,the realization of the arbitrarily dismantling of the husband and wife's shared housing situation has greatly impaired the co-ownership of the original owner of the couple's shared house,and makes it difficult to realize the value target of the couple's shared housing registration system to protect the real estate right.Although the promulgation of the Interim Regulations on the Registration of Real Estate in 2015 shows that legislators have made some efforts in this regard,it is disappointing that it has not played a role in solving this problem.The draft of the second review of the Civil Code's property rights submitted for review on April 20,2019 did not take any new efforts to resolve the relevant issues.At the same time,people from law work began to look for ways to give full protection to the original owners of the shared housing.However,most of the existing scholars only put the research perspective on the regulation of the application of good faith or only focus on the protection of the rights of the original rights holders.The analysis and maintenance of the applicable agency system are omitted.The balance of security value objectives of real estate transactions.In summary,the research of existing scholars is relatively one-sided.Based on this,it has not been able to propose more comprehensive,reasonable and practical operability.This paper attempts to solve the problems caused by the spouse's unauthorized disposition of the shared house,and realizes the path of competition of husband and wife's common house registration system.To a certain extent,it avoids the spouse's unauthorized disposition of the shared house and fully protects the original right of the couple's shared house.The co-ownership of human beings,while not neglecting the maintenance of the security of real estate transactions,considering the problems as comprehensively as possible,and proposing practical operability,so as to finally realize the security of the real estate transactions and the protection of real estate rights.In order to avoid the arbitrariness of the spouse to dispose of the shared housing,the system is perfected to achieve the path,which ultimately realizes the significant value goal of the husband and wife's shared housing registration system.At the same time,the husband and wife's shared housing registration system is perfected.The research method of the system in one fell swoop is also the originality of this paper.However,due to the special national conditions of the husband and wife shared housing registration system in China,and the marital property system in other countries,this paper does not adopt the comparative method.The term "avoidance" in this article is precisely the meaning of "reduce" and"control" rather than eliminate it,otherwise it is contrary to the purpose of existing legislation to maintain transaction security.What is required to "reduce" and "control"is the situation in which the spouse arbitrarily disposes of the shared house,because the inconvenience of this situation stems from the imperfect husband and wife shared house registration system and causes many harms.The "avoidance" countermeasure is to improve the husband and wife's shared housing registration system.The general path includes:the unification of trial practice standards as the actual operation,the improvement of the conditions and standards for the acquisition of goodwill and the representation of the agency system,and the substantial reduction of the couple.The situation in which one party disposes of the shared house without authorization;the type of case is divided,and the situation of "controlling" the spouse's unauthorized disposition of the shared house occurs only in the type specified;the change registration procedure is the actual operation process,and the real estate registration department is the main body of power.The marital status of the spouse's house disposition is registered before the review period,and the possibility that the couple's house registered before the "reduction" period is arbitrarily disposed of by the arbitrarily;the date is set as the node,and the couples who require higher accuracy after the period have registered the house.Significantly reduce the situation of registration in the name of a party,from the source to "reduce" the possibility of the spouse arbitrarily disposing of the shared housing situation.In short,evading represents moderation,which is the rationality and scientificity of this article.