On The Effect Of Unilateral Government 's Disposition Of Common Property

With the diversified development of our society and the improvement of people’s mental life and material living standards, great changes have taken place in the content, range and object of the property relationships of the spouses, showing a trend of being pluralism and more complicated. As a result, disputes on joint property management and disposition have been on the rise recently. China is a big country with a large population, and spouses relationships are an important part in the relationships of our society. Dealing with the spouses relationships properly is good for the society steadiness. Being the essential economy base of the spouses relationship, property relationship has a great influence not only on marital family’s material and mental life, but also on its harmonious unity. What’s more, both sides of the spouses are important parts of the market economy, and their property relationship also has a great influence on the third party’s interests and safety in market transaction. So we should be extremely careful in dealing with the spouses property.China’s system of marital property is divided into the property agreement and common property regime, although in recent years there have been some agreement property system, but according to our traditions, most families are still common property system. The academics are mostly focused on divorce, division of marital property issues, while ignoring how to manage and use of common property in their daily life. However, the problems as loaning to buy a house before marriage, gift property between husband and wife, one of the spouses dealing with jointly owned property without permission etc. have be the focus of controversy in divorce proceedings in recent years. All these problems are related to the behavior effectiveness of one side of the spouses’disposition of the joint property without the authorization of the other side. This article will study and discuss one of the spouses dealing with jointly owned property without permission. I wish to promote the related legal system being more perfect. This article includes four parts:the fitst part introduces the behavior concept and nature of one side of the spouses’ disposition of the joint property without the authorization of the other side; the second part introduces the behavior effectiveness of one side of the spouses’ disposition of the joint property without the authorization of the other side; the third part compares the behavior and made in good faith the system; the fourth part compares the behavior and Apparent Agency.