夫妻隐名共有财产权法律问题研究

发布时间：2018-03-03 21:00

本文选题：共同共有　切入点：隐名共有　出处：《延边大学》2015年硕士论文　论文类型：学位论文

【摘要】：房屋是夫妻共同生活的一个物质基础,其具有昂贵的市场价值,关乎夫妻双方重大的财产利益,由于我国传统的婚姻家庭观念等的影响,夫妻共同共有的房产通常还是会只登记其中一方的名字,而我国目前法律对这方面的保护还有所欠缺,这就造成实践中出现夫妻关系中一方当事人把登记在自己名下的夫妻共有的房屋出卖给第三人时,很难保护在不动产登记簿上没有登记的隐名一方的财产权益。第一部分是绪论,以案例入手,引入问题,即现实生活中存在大量的隐名共有的现象,显名一方未经隐名共有人同意而擅自将共有房屋出卖给第三人。解决此类纠纷时,审判人员往往会陷入是保护隐名共有人的财产利益还是保护第三人的善意取得的两难境地。然后文章对研究的范围、方法以及研究范围进行了简单阐述。第二部分是关于夫妻隐名共有财产的概述。首先对夫妻隐名共有财产、隐名共有人等的含义进行了确定,然后将夫妻隐名共有财产与共有、夫妻共有财产作比较,分析夫妻隐名共有财产的特征,再从法律层面上分析在我国产生夫妻隐名共有财产的原因,最后简单分析保护隐名共有财产权利的必要性。第三部分主要是阐述夫妻隐名共有财产权利保护中的问题。首先分析立法上存在的问题,主要是从有关夫妻共有财产的立法以及有关善意取得的立法这两个方面着手。然后分析司法上存在的问题,主要包括三个部分：一是分析系争房屋的权属问题,二是显名登记人擅自处分共有房产的行为的效力问题,三是第三人的善意取得问题。文章第四部分是根据第三章所指出的问题提出了一些简单的完善建议,建议主要包括四个方面：一是完善夫妻共有财产权利的立法规定,二是确立日常家事代理制度,三是完善不动产善意取得制度,四是确立共有房产的联名登记制度。
[Abstract]:Housing is a material foundation for husband and wife to live together. It has expensive market value and is related to the great property interests of both husband and wife, because of the influence of the traditional concept of marriage and family in our country. Property that is jointly owned by husband and wife usually only registers the names of one of them, and the current law of our country still lacks protection in this respect. This results in the occurrence of a couple relationship in which a party sells a house registered in his or her name to a third party. It is very difficult to protect the property rights and interests of the anonymous party who is not registered on the register of real estate. The first part is the introduction, starting with the case, introducing the problem, that is, there is a large number of hidden names in real life. "an explicit party sells a common house to a third party without the consent of the anonymous co-owner." when resolving such a dispute, Judges are often caught in a dilemma of whether to protect the property interests of anonymous co-owners or the bona fide acquisition of third parties. The second part is about the summary of covert joint property of husband and wife. Firstly, the meaning of covert property of husband and wife is determined, and then the mutual property of covert name of husband and wife is shared. This paper compares the common property of husband and wife, analyzes the characteristics of covert joint property of husband and wife, and then analyzes the reasons of producing covert joint property of husband and wife in our country from the legal level. The third part mainly expounds the problems in the protection of covert property rights of husband and wife. Firstly, it analyzes the problems existing in legislation. It mainly starts from two aspects: the legislation on the joint property of husband and wife and the legislation on acquisition in good faith. Then, the problems existing in the administration of justice are analyzed, which mainly include three parts: first, the analysis is about the ownership of the house in dispute. The second is the effectiveness of unauthorized disposal of common real estate by a registered registrant, and the third is the acquisition of bona fide property by a third party. Part 4th of the article puts forward some simple suggestions for perfection according to the problems pointed out in Chapter three. The suggestions mainly include four aspects: one is to perfect the legislative provisions of the common property rights of husband and wife, the other is to establish the agency system of daily household affairs, the third is to perfect the system of acquisition of real estate in good faith, and the fourth is to establish the joint registration system of common real estate.
【学位授予单位】：延边大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.9;D923.2

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