There Are A Couple Of Unilateral Sanction Property Of The Efficacy Study

Total housing without selling out to others, and the other proceedings torequest the people’s court finds that entered into the contract is invalid without theconsent of the other, the transferee advocated own goodwill acquired in good faithshould be subject to the system protection, this is a judicial practice of spouseoften encountered in the case. Whether they belong to the right disposition forsuch punishment behavior is exactly the right disposition of such right disposition,as well as whether the third person can get the protection of interests based onbona fide acquisition. There were also made system for the right disposition andgoodwill, and previous studies, but the specific aspects of matrimonial realproperty, not touch, based on the specific identity relationship between husbandand wife, such jointly owned common Total in betraying different. Based on this,a comparative analysis and empirical analysis method, four couples party todispose of the Total housing the validity of an act to be analyzed, research, soughtto this problem, there is a systematic, clear understanding.The first chapter the focus of this article is to explore the issues. This sectionfirst describes the background of such problems in the judicial practice,"GeneralPrinciples of Civil judicial interpretation" interpretation of the Marriage Law ofJustice "and" judicial interpretation of the Guarantee Law "legal anchoredproposed a general theory of common property sanction rules, Then the theory ofidentification and disposition of matrimonial property, clear matrimonial range ofproperty and matrimonial property system and the problem of the relationship.The second chapter describes the registered status quo of the couple’s sharedhome. From immovable property registration acts of the nature and requirementsof our couples Total housing registration of the status quo and drawbacks of theentry into force of the "Property Law" for couples Total housing registration,house property, rural housing units to raise funds housing and other housingproperty morphology on the conclusion of the four aspects of analysis, the creative the perfect matrimonial housing registration system has great significanceto the maintenance of transaction security and the market order.The third chapter is organized around couple’s party unauthorized dispositionof the particularity of the common property of behavior analysis, research. Thischapter from the relationship with the general right disposition, the relationshipwith the Family agent analysis of the relationship between the right disposition ofsuch cases and the general right disposition and Family agent.The fourth chapter focuses on judicial practice goodwill recognizedstandards and certification rules. This chapter from the legal basis for theprotection of bona fide third party, the third person in the civil legal relations, realestate acquired in good faith in good faith of the identified point in time, how todetermine the identification of the "good faith" standard judicial practice and theburden of proof in four areas to clear the obligation of the third person, and to paya reasonable cost, and thus more conducive to the protection of their interests.