Research On Unauthorized Disposition Of Marital House Property By One Party Of The Couple

Housing as the most important component of the property of both husband and wife,in recent years as prices rise,the real estate market transactions frequently,the husband and wife unilateral punishment,a total of housing disputes.China's current matrimonial property system mainly includes the statutory property system and the agreed property system.Under the legal property system,the punishment of the joint property of husband and wife needs to be expressed by both parties.One of the spouses without the consent of the other party,the unauthorized disposition of matrimonial housing,a clear violation of sanctions "on the common property of the couple's marriage law" in principle,but in reality,there are sanctions housing in third,under normal circumstances can be in accordance with the "law" in the system of bona fide acquisition of housing the ownership.As the old "marriage law" special law and general law as the new "property law" in the legislative provisions,setting,social protection relations have conflict,the source of the conflict is decided by the actual values held by legislators in the process of formulating the two laws of.When the law guarantees the mutual property right of the husband and wife,that is to protect the interests of the non Disposing Party,the interests of the third party in the transaction will be damaged.When the law pursues market transactions,security and stability,first of all,to protect the interests of the third parties in the transaction,the protection of the interests of the non disposing parties will be limited.Both seem to be a "zerogame".With the "contract" and the judicial interpretation of the three "three judicial interpretation of the marriage law" promulgated,the trial practice in judicial sanctions on a couple of total housing sales contract concluded with the conclusion,namely the contract effective,non disposition of common people will no longer be a right disposition on the grounds that the contract is invalid,only to the actual punishment party held liable for damages.The unity of the referee's thinking,will protect the safety of transactions and the rights of the third people at a priority position.Starting with the comparison of the legislation and the provisions of the marriage law and the property law,this article analyzes the conflict of regulations between the two laws concerning the effectiveness of a single party's unilateral punishment of a common house.Taking the judicial interpretation of the contract for sale three as a time node,this article sums up the historical evolution of the contractual effect of the unilateral punishment on the joint ownership of the house before and after the promulgation of the judicial interpretation.In the end,the author puts forward some suggestions on the significance of introducing the property system of husband and wife as well as the balance of the interests of the parties involved in the punishment.