| The adjustment of the spouse relationship in the family relationship is the focus of the marriage and family law,and the spouse property system is even more important.The exercise of husband and wife property rights is an important part of the husband and wife property system.The disposal of common property by the husband and wife becomes more frequent with the increase of wealth,and more and more legal disputes are caused.In such cases,the unauthorized property disposal by one spouse infringes on the other spouse ’s interests.Due to our country ’s preference for transaction security protection,the interests of the weaker spouse cannot be protected,and much more is just post relief.From the appearance of the “Civil Code of the People’s Republic of China”(Draft)in May 2020,it can be seen that the Marriage and Family Editor has indeed added restrictions on the exercise of the property rights of husband and wife,such as Articles 1060 and 1064 of the Marriage and Family which makes special provisions of the right of daily family agent directly,but the legal restrictions on the exercise of husband and wife property rights are far more than that and still need to be improved.This article uses a combination of theoretical analysis and comparative analysis,starting with a case where a spouse disposes of common property without authorization,discusses the relevant theoretical issues in the exercise of spouse property rights,analyzes the necessity of establishing legal restrictions on spouse property rights in China,and summarizes the advantages to learn from foreign legislation.At the same time,it is concluded that it is necessary to add corresponding legal restrictions to the exercise of husband and wife property rights through research,and put forward suggestions to solve such problems.In addition,the relevant legislative experience worthy of reference for China is extracted through the study of foreign laws,and finally it is proposed that a registration system for family housing should be added. |
