论夫妻一方擅自处分共同财产行为的效力

发布时间：2018-04-17 20:43

本文选题：夫妻共同财产 + 无权处分　；参考：《复旦大学》2012年硕士论文

【摘要】：随着社会的多元化发展,人们的精神文明和物质文明生活水平不断提高,夫妻财产关系的内容、范围和客体等都发生了较大变化,夫妻财产也逐渐出现多元化、复杂化的发展趋势,夫妻之间就共同财产的管理和处分的纠纷也日益增多。我国是一个人口众多的国家,而夫妻关系是社会关系的重要组成部分,正确处理好夫妻关系,有利于社会的稳定。在夫妻关系中,财产关系作为重要的经济基础,不仅影响着婚姻家庭的精神和物质生活,还影响着婚姻家庭的团结、和睦,而且由于一个家庭中的夫妻两方作为市场经济的重要主体,其财产关系还影响着市场交易中第三方的利益和安全,因此,对于夫妻财产关系的处分应当十分谨慎。我国的夫妻财产分为约定财产制和共同财产制,虽然近年出现了一些约定财产制,但由于传统,大部分家庭依然是共同财产制。学界在理论研究中大多关注离婚时夫妻财产的分割问题,而较少研究夫妻管理、使用共同财产的问题。但是,在近年的离婚诉讼中,较多发映出婚前贷款买房、夫妻间赠予房产,一方私下处分共同财产等成为双方纠纷焦点的问题,这些都涉及日常生活中夫妻一方擅自对共同财产进行处分的行为效力问题。本文就夫妻一方擅自处分夫妻共同财产的性质和效力作一理论研究,力求能进一步推动完善与此有关的法律制度。正文分为四章：第一章阐释了夫妻共同财产和夫妻一方擅自处分共同财产的概念,明确了夫妻一方擅自处分共同财产的处分行为与合同法上债权行为的区别,得出了夫妻一方擅自处分共同财产行为的性质是无权处分行为；第二章阐释了民事行为的效力,明确了夫妻一方擅自处分共同财产的行为是无效行为,并就国外相关立法中有关夫妻一方擅自处分共同财产行为效力的规定进行了比较分析；第三章就夫妻一方擅自处分共同财产的无效行为与善意取得制度进行比较,讨论了善意取得制度的概念、正当性以及交易安全问题,认为虽然在市场交易中应保护善意第三人的利益,但除了夫妻一方擅自处分不动产时可直接适用善意取得制度外,在夫妻一方擅自处分动产时一般不应适用善意取得制度；第四章就夫妻一方擅自处分共同财产的无效行为与表见代理制度进行比较,认为当夫妻一方擅自以双方名义处分共同财产时,善意第三人可以通过表见代理制度获得保护。
[Abstract]:With the pluralistic development of society, people's spiritual civilization and material civilization living standard have been improved constantly, the content, scope and object of marital property relations have changed greatly, and the marital property has gradually appeared to be diversified.Complicated development trend, the dispute between husband and wife on the management and disposition of common property is also increasing day by day.China is a country with a large population, and the relationship between husband and wife is an important part of social relations. It is beneficial to social stability to correctly handle the relationship between husband and wife.In the relationship between husband and wife, property relations, as an important economic foundation, not only affect the spiritual and material life of the marriage and family, but also affect the unity and harmony of the marriage and family.Moreover, as the important subject of market economy, the property relationship of husband and wife in a family also affects the interests and safety of the third party in the market transaction. Therefore, the disposition of the property relationship between husband and wife should be very careful.The property of husband and wife in our country is divided into contract property system and common property system. Although there have been some contract property systems in recent years, most families are still common property system because of the tradition.Scholars pay more attention to the division of husband and wife property in divorce, but less to the management of husband and wife and the use of common property.However, in the divorce proceedings in recent years, more issues such as pre-marital loans to buy houses, property gifts between couples, and one party's private disposition of joint property have become the focus of disputes between the two sides.These are related to the daily life of the couple without authorization on the joint property disposition of the behavior effectiveness.This paper makes a theoretical study on the nature and effectiveness of unauthorized disposition of joint property between husband and wife, and tries to further improve the relevant legal system.The text is divided into four chapters: the first chapter explains the concept of joint property of husband and wife and the unauthorized disposition of joint property by one party of husband and wife, and clarifies the difference between the disposition of joint property of one party of husband and wife without authorization and the act of creditor's rights in contract law.It is concluded that the nature of the unauthorized disposition of joint property by one spouse is an unauthorized disposition; the second chapter explains the validity of the civil act, and clarifies that the act of unauthorized disposition of joint property by one spouse is invalid.It also makes a comparative analysis of the provisions of the relevant foreign legislation concerning the validity of the act of unauthorized disposition of joint property by one spouse. Chapter three compares the invalid behavior of unauthorized disposition of joint property by one spouse with the system of acquisition in good faith.This paper discusses the concept, legitimacy and transaction security of bona fide acquisition system, and holds that, although the interests of bona fide third parties should be protected in market transactions, the bona fide acquisition system can be directly applied when one of the spouses disposes of immovable property without authorization.In general, the system of acquisition in good faith should not be applied when one of the spouses disposes of movable property without authorization. Chapter IV compares the invalid act of unauthorized disposition of joint property by one spouse with the system of apparent agency.It is considered that when one spouse disposes of joint property in the name of both parties without authorization, bona fide third party can obtain protection through apparent agency system.
【学位授予单位】：复旦大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D923.9

【参考文献】