夫妻一方擅自处分共有房屋法律问题研究

发布时间：2018-03-27 07:42

本文选题：夫妻共有房屋　切入点：日常家事代理　出处：《山西大学》2016年硕士论文

【摘要】：随着社会经济的快速发展,法律越来越注重保护市场交易安全。我国婚姻立法承袭物权立法的规定,将夫妻一方擅自处分共有房屋纳入善意取得制度的适用范围,保障善意第三人的利益。但是在夫妻一方处分的共有房屋为婚姻家庭唯一住房时,涉及到非处分方共有人及家庭成员的生存权益,我国婚姻法相关司法解释仍然规定共有人的共有利益让位于第三人利益,着实忽视了夫妻特殊身份关系和夫妻共同财产的特性。关于夫妻一方擅自处分共有房屋所涉及的相关法律问题,笔者从以下四部分予以论述：第一部分。夫妻共有房屋中共有人处分权概述,该部分通过对夫妻共有房屋的界定,总结概括现行法律制度及理论学说下应当属于夫妻共有房屋的情形。分析夫妻共有房屋处分权的行使方式,引出本文以夫妻一方擅自处分共有房屋受让人有偿受领为重点展开论述。第二部分。夫妻一方擅自处分共有房屋行为的法理分析,该部分阐述现阶段我国出现的夫妻一方擅自处分共有房屋的行为类型,并根据现有理论对夫妻一方擅自处分共有房屋的行为进行分析。通过对夫妻一方擅自处分共有房屋的行为性质和行为效果两方面进行详细阐述,得出笔者观点。第三部分。夫妻一方擅自处分共有房屋行为中善意第三人利益的保护,该部分通过分析夫妻一方擅自处分共有房屋时保护善意第三人的法理基础,并阐述善意取得制度中善意第三人的认定。并对婚姻法的相关司法解释关于善意取得制度的要件进行评析。提出在夫妻一方擅自处分共有房屋时善意第三人保护的完善意见。第四部分。夫妻共有房屋中非处分方共有人利益的保护,该部分从夫妻一方擅自处分共有房屋侵犯到非处分方共有人的所有权入手,分析在我国较为完善的房屋登记制度下,产生夫妻一方擅自处分共有房屋的原因。对我国立法倾向保护善意第三人利益而忽视非处分方共有人的保护进行批判。阐述保护非处分方共有人利益的理论基础,提出在夫妻一方擅自处分的共有房屋为婚姻家庭住房时,应当优先保护非处分方及家庭成员的生存权益。提出从明确日常家事代理权、确立婚姻家庭住房权优先保护和构建婚内侵权救济制度三方面对非处分方共有人利益进行保护的对策。
[Abstract]:With the rapid development of social economy, the law pays more and more attention to the protection of the security of market transactions. Protection of the interests of bona fide third parties. However, when the joint house disposed of by one of the spouses is the only house for the marriage and family, it involves the survival rights and interests of the co-owners and family members of the non-disciplinary parties, The related judicial interpretation of China's Marriage Law still stipulates that the common interests of the joint owners give way to the interests of the third party. The special identity relationship of husband and wife and the characteristics of joint property of husband and wife have been neglected. As for the related legal issues involved in the unauthorized disposition of a joint house by one of the spouses, The author discusses it from the following four parts: the first part is the summary of the disposition right of the common person in the common house of husband and wife, and the definition of the common house of husband and wife is adopted in this part. Summing up and generalizing the current legal system and the situation that should belong to the joint house of husband and wife under the theory and theory, and analyzing the ways of exercising the disposition right of the couple's joint house, The second part is the legal analysis of the behavior of the husband and wife to dispose of the joint house without authorization, the second part is the legal analysis of the behavior of the husband and wife to dispose of the joint house without authorization. This part describes the behavior types of unauthorized disposal of common houses by one of the spouses in our country at the present stage. According to the existing theory, the author analyzes the behavior of one spouse to dispose of the joint house without authorization. Through the analysis of the behavior nature and the behavior effect of the unauthorized disposition of the joint house by the husband and wife, the author expounds in detail the behavior nature and the effect of the behavior. The third part is the protection of the interests of the third party in the act of unauthorized disposition of the joint house, which is based on the analysis of the legal basis of protecting the bona fide third party when the husband and wife dispose of the joint house without authorization. It also expounds the recognition of bona fide third party in the system of bona fide acquisition, and comments on the relevant judicial interpretation of the marriage law on the elements of bona fide acquisition system. It is proposed that the third party of good faith should protect the third party in the event of unauthorized disposition of a joint house by one of the spouses. The fourth part. The protection of the interests of the non-disciplinary parties in the joint-owned house of husband and wife, In this part, the author begins with the violation of the joint house by one of the spouses without authorization to the ownership of the joint owner of the non-disciplinary party, and analyzes the more perfect housing registration system in China. This paper criticizes the legislative tendency of our country to protect the interests of bona fide third party while neglecting the protection of the co-owners of non-disciplinary parties, and expounds the theoretical basis for protecting the interests of co-owners of non-disciplinary parties. It is proposed that when a joint house that one spouse disposes of without authorization is a matrimonial family house, priority should be given to protecting the survival rights and interests of non-disciplinary parties and family members. Establishing the priority protection of marital and family housing rights and constructing the relief system of marital tort are the countermeasures to protect the common interests of non-disciplinary parties.
【学位授予单位】：山西大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D920.5;D923.2

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