On The Protection And Balance Of The Interests Of The Husband And Wife Unilaterally Disposing Of The Joint Property Without Authorization

Nowadays,with the rapid development of the society,people’s material living standards have been improved,the types and values of the joint property of husband and wife are increasing.The common property between husband and wife constitutes the material basis of a family,and it is the basis for a family to be maintained.Therefore,the scope,disposition right and disposition’s mode of the common property of husband and wife are stipulated in the legislation of various countries.The legal property system of husband and wife in China is the community property system of husband and wife.Unless there are their own appointments or other laws,the property acquired by both parties during the existence of the couple is the community property of the husband and wife.However,due to many kinds of reasons,one spouse always disposes common property to the third person.And they can gain economic benefits or achieve other purposes,which leading to large amounts of the judicial practice.One party dispose common property without other’s authorization,not only involves the interests of both husband and wife,but also involves the interests of the third party,market transaction security and a series of other issues.When the interests of the non-disposition party and the third party have conflict,how to choose and how to achieve the balance of the interests between them is very important.Therefore,in this paper,in view of the prominent problems in China’s legislation and judicial practice,a more in-depth discussion is carried out,the specific contents are as follows:Firstly,on the basis of defining the connotation and denotation of the common property of husband and wife,the article defines the act of unauthorized disposition’s nature and identification standards,and makes a preliminary discussion on the effectiveness of unauthorized disposition according to the civil law theories such as unauthorized disposition,unauthorized agency and bona fide acquisition.In judicial practice,it also highlights that there are serious deficiencies in the protection of the interests of another spouse.On this issue,this paper also selects representative judicial cases,makes a more in-depth analysis,and comments on the lack of legislation and judicial practice.Secondly,this paper divides the unauthorized disposition into two kinds: free gift and paid disposition.First,in the case of gratuitous gift,the third party did not pay the consideration,so the system design focuses on the protection of the rights andinterests of the non-disposition side,and has carried out the legal provisions in terms of the confirmation of the effectiveness of the disposal act and the rules for the return of interests which are conducive to the non-disposition side.In view of the different legal and moral factors involved in the ordinary third party and the extramarital person,this paper divides the third party who receives the gratuitous gift into the ordinary third party and the extramarital person.Accordingly,this paper selects the relevant judicial cases for evaluation.Due to the different understanding of the relevant legislation and theory,different judgments are made for the same case,reflecting the problems existing in the legislation and judicial practice;secondly,in the case of paid punishment,because the third party paid the consideration,the design of the legal system becomes more complex,which is manifested in the fact that many civil law systems and theories,such as bona fide acquisition,unauthorized disposal and unauthorized agency,are applied to solve the problem,the conflict of value concepts is inevitable,and the balance of interests is more difficult.Finally,on the basis of the previous discussion,and with reference to foreign legislation,this paper puts forward suggestions on the legislative improvement of the joint property donation and disposal without authorization,in order to better deal with the balance of interests between the third party and the non-disposition party and strengthen the protection of the interests of the non-disposition party.