Study On The Effectiveness Of Unilateral Gratuitous Disposal Of Joint Property And The Restitution Of Property

At present,there is a commom phenomenon that the husband or the wife who give the joint property to a third party outside of marriage,but our country's law lack of punishment about theses cases,which resulting in different even opposite results in judicial practice,caused the public have some worried about judge discretion and judicial fairness,serious damage to the national judicial authority,and endanger the stability of the law and order.This passage take a dispute as an entary point,discussing the effectiveness of unilateral gratuitous disposal of joint property and the restitution of property.The full text is cmposed of four part,the first part is focuses on analyzing the case of two disputed points through example: one is the effectiveness of unilateral gratuitous disposal,the second is the restitution of property,the second part is observing the process and result of such cases,found a series of problems to be solved:it is hard to identity the nature of effectiveness of unilateral gratuitous disposal of joint property,the punishment for the unilateral gratuitous disposition is noe strong enough,the interest protection for the spouse of the no-fault party when requesting relief is too weak,and it is diffcult to return the property after the disposition is invalid.The third part mainly put forward the following Suggestions: first,we should make the the nature of effectiveness of unilateral gratuitous disposal of joint property more clearly before,and establish the "exclusion principle rules and opposite" housework agent system,set up system of illegal reason to pay,to reflect on the unilateral free disposition of penalties,strengthen the no--fault spouse interests protection,realize the balance protection of the interests of all parts,finally to strengthen the financial return rules execution measures,make the restitution of property to be implement well.