Analysis Of The Behavior Of One Spouse Donating The Common Property Of The Spouse Without Authorization

The author came across a number of cases that one party of the couple granted martial property without the other party's authorization;thus became interested in such cases.By searching such cases in Chinese judicial document network,found similar cases but with different judgment,which revealed that there's no absolute judgment for such cases in current law.The author quoted 3 similar cases;case 1judged grant invalid because it violated public order or good moral;case 2 and case 3judged valid and invalid though 2 cases both didn't involve public order or good moral.The author makes a careful analysis of the logic and reasoning of the verdict for the 3 cases;discovered the court applied the same criteria-is the purpose of the grant in line with public order or good moral.If the grant violated public order and good moral,then the grant is invalid;but if the grant didn't involve public order and good moral,the criteria is authorized disposition or not and the respective consequences.The first part of the paper mainly studied the notion of grant without authorization;examined the different views on grant in the theory field and put forward the author's views.The second part of the paper cited 3 cases from author's law practice to analyze the normal practice of the judgment of these cases–one party of the couple granted martial property without the other party's authorization.The court judge the grant valid if it's in line with the public order or good moral;not valid if it's not;thus to understand public order and good moral is vital;and then analyze the judgment for those cases where public order and good moral is not violated.The third part analyzed the judgment criteria when the act of grant doesn't involve public order and good moral;including unilateral disposition right under agent power of family affairs and unauthorized disposition of the disposing of the important martial property not for the daily family affairs.Therefore,daily affairs and important property become vital in the analysis.In the process of judgment,the judgeneeds to determine the property granted is the main martial property of the family and the grant purpose is for the daily family affairs or not.If the grant meets the either criteria of the above two,the grant will be judged as unauthorized disposition.Grant party have the ratification right of the property;if he does the ratification,the grant is valid;conversely it's invalid.In the last part of the thesis,the author argued the insufficiency of the current law and proposed some thought and suggestions to improve and perfect the current law in the last part.The law for the division of the common property in a martial relationship of China's current law can only be found one item in the Marriage Law;and there exists several restrictions;which cannot be applied to the ever changing and developing society;which makes the amendment necessary.The author analyzed the marital tort compensation system and special martial property system and concluded that these two systems are relatively more suitable for our country's current situation.There are mature experience in other countries;thus corresponding suggestions are proposed.