The Legal Force Of One Spouse’s Disposition In Joint House Property

Abstract:When the spouses want to dispose of the joint house property, the two sides should adhere to equal consultation, agree, otherwise, the other one shall have the right to deny dispose of the force of law. As husband, Mr. Li concealed his wife and sold the house property of couples. He signed contract with the third person and changed titleholder. Mrs. Qi claimed to recover the house, but the court concluded that business contract is invalid, and the bona fide Purchasers get the property. The controversial focus in the case mainly concentrated to disposition effect, contract effectiveness and passing of title efficacy. According to our current laws and regulations, one partner of couples’ disposal of property without authorization may produce three kinds of results: invalid disposal, valid disposal and modifiableness. In this case, Mr. Li’s disposition of property shall be regarded as ex right disposition. In the judicial practice, this building business contract is considered invalid, but they can’t be entirely deemed to invalidation. In daily household affairs, the contract will be considered valid. In this case, the contract for Mr. Zhang shall be considered void. Although contract effectiveness and property rights transfer’s effect have certain contact, the contract does not necessarily lead to the real right transfer invalid. Under the principle of public summons, property rights transfer effect is always attributed to determine. In good faith acquisition of immovable application, there are several misunderstand in current judicial practice. That is, lack of considering the range of unauthorized disposal, Lack of considering the third person whether or not consult real estate ownership registration status before trading, lack of considering reasonable price on the system of independent value, and lack of legislation on the protection of domestic only housing. Relief on the damaged party, divorce damage compensation system for such dispute still exists a certain degree of inconsistency and disaccord.