论夫妻单方处分共同财产的法律后果
发布时间：2018-09-05 14:23
【摘要】：我国婚姻法实行法定财产制和约定财产制相结合的夫妻财产制度。法定财产制为婚后所得共同制,夫妻对共同财产有平等处分的权利。关于夫妻共同财产的范围,我国婚姻法明确为夫妻婚姻关系存续期间所得的财产,但当事人已完成结婚登记但尚未领取结婚证书期间所得财产、一方失踪期间双方各自所得财产以及分居期间双方各自所得财产,是否应被认定为婚姻关系存续期间所得的财产而纳入夫妻共同财产的范围,值得关注。夫妻单方处分共同财产存在有权处分和无权处分两种情形。夫妻一方未经对方同意处分共同财产,在日常家事范围和一般管理权限内,其处分行为对另一方有效;超出日常家事范围和一般管理权限的,其处分行为对另一方无效,但不得对抗善意第三人。日常家事的范围应当采用概括、列举、排除的模式来进行详细界定。夫妻一方对共有不动产和动产的擅自处分,在决定其处分行为的效力时,应当平衡配偶利益与善意第三人的利益关系。
[Abstract]:The legal property system is the joint system of income after marriage, and the couple has the right to dispose of the joint property equally. Regarding the scope of the joint property of the couple, the marriage law of our country clearly refers to the property acquired during the period of the couple's marriage relationship, but the parties have completed the settlement. Whether the property acquired during the period of marriage registration but not yet receiving the marriage certificate, the property acquired by the two parties during the disappearance of one party and the property acquired by the two parties during their separation should be considered as the property acquired during the period of marriage relationship and be included in the scope of the joint property of the husband and wife deserves our attention. If one of the spouses disposes of the common property without the other party's consent, the act of disposal shall be effective to the other party within the scope of daily housework and general administrative authority; if it exceeds the scope of daily housework and general administrative authority, the act of disposal shall be invalid to the other party, but shall not be against a bona fide third party. In order to determine the validity of the action, one spouse should balance the interests of his spouse with those of a bona fide third party.
【学位授予单位】：烟台大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D923.9
本文编号：2224550
[Abstract]:The legal property system is the joint system of income after marriage, and the couple has the right to dispose of the joint property equally. Regarding the scope of the joint property of the couple, the marriage law of our country clearly refers to the property acquired during the period of the couple's marriage relationship, but the parties have completed the settlement. Whether the property acquired during the period of marriage registration but not yet receiving the marriage certificate, the property acquired by the two parties during the disappearance of one party and the property acquired by the two parties during their separation should be considered as the property acquired during the period of marriage relationship and be included in the scope of the joint property of the husband and wife deserves our attention. If one of the spouses disposes of the common property without the other party's consent, the act of disposal shall be effective to the other party within the scope of daily housework and general administrative authority; if it exceeds the scope of daily housework and general administrative authority, the act of disposal shall be invalid to the other party, but shall not be against a bona fide third party. In order to determine the validity of the action, one spouse should balance the interests of his spouse with those of a bona fide third party.
【学位授予单位】：烟台大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D923.9
【参考文献】
相关期刊论文 前7条
1 马忆南;;论夫妻人身权利义务的发展和我国《婚姻法》的完善[J];法学杂志;2014年11期
2 江滢;;日常家事代理权的构成要件及立法探讨[J];法学杂志;2011年07期
3 崔建远;;再论动产物权变动的生效要件[J];法学家;2010年05期
4 王礼仁;;“婚姻登记瑕疵”中的婚姻成立与不成立[J];人民司法;2010年11期
5 裴桦;;论夫妻共同财产处分权[J];辽宁大学学报(哲学社会科学版);2010年02期
6 简敏;对现行夫妻财产制的得失审视与完善建言[J];云南大学学报(法学版);2004年01期
7 邓宏碧;完善我国婚姻家庭制度的法律思考(下)[J];现代法学;1997年02期
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