夫妻关系存续期间一方擅自处分共同财产效力的问题研究

发布时间：2018-07-22 21:09

【摘要】：夫妻关系是身份关系和财产关系的统一,夫妻间的财产关系是夫妻关系存在的物质基础。近年来,我国经济发展迅速,家庭剩余财产越来越多。夫妻一方擅自处分夫妻共同财产的行为也越来越多,而由于我国对于此方面立法的缺位,导致了司法实务中出现了很多的争议案件。夫妻一方擅自处分夫妻共同财产对第三人的效力有利于维护交易安全和第三人的权益。本文分为有偿转让和无偿赠与两类,此两类的处理方法有极大区别,故分开讨论。无偿赠与中关于赠与给非法同居者的效力因为近年来司法实践中裁判矛盾和涉及小三等敏感话题而备受关注,本文对此进行了详细的分析。夫妻一方擅自处分夫妻共同财产的对内效力及其救济方法在我国规定的比较不全面。但是,这一规定有利于保护非处分方的正当权利,这也有利于维持家庭的和谐。每个家庭的和谐也可以促进整个社会的和谐发展。本文主要研究的是在夫妻关系存续期间一方擅自处分夫妻共同财产时对于第三人和非处分方的效力问题。对第三人效力方面还包括了对于普同第三人和婚外同居者的效力;对非处分方的效力主要是提出非处分方的救济途径。本文在最后一部分提出了解决这两方面问题的建议,即我国亟需明确建立夫妻日常家事代理权的制度和完善我国的夫妻约定财产制。旨在通过对这些建议的叙述为我国夫妻财产制度提出一些建议。
[Abstract]:The relationship between husband and wife is the unity of identity relationship and property relationship, and the property relationship between husband and wife is the material basis of the existence of husband and wife relationship. In recent years, our country economy develops rapidly, the family surplus property more and more. There are more and more behaviors that one spouse disposes of the joint property of husband and wife without authorization, but because of the absence of legislation on this aspect in our country, there are many controversial cases in the judicial practice. The effect of the couple's unauthorized disposition of the joint property is beneficial to the security of transaction and the rights and interests of the third party. This paper is divided into two types: the transfer of money and the free gift. The two kinds of treatment are very different, so they are discussed separately. The effectiveness of giving gifts to illegal cohabitants in gratuitous gifts has attracted much attention due to judicial practice in recent years because of judicial contradictions and sensitive topics involving small three. This paper makes a detailed analysis of this. The internal effect and relief method of the unauthorized disposition of joint property of husband and wife are not comprehensive in our country. However, this provision is conducive to the protection of the legitimate rights of non-disciplinary parties, which also helps to maintain family harmony. The harmony of each family can also promote the harmonious development of the whole society. This paper mainly studies the effectiveness of one party's unauthorized disposition of the joint property of husband and wife during the period of the relationship between husband and wife for the third party and the non-disposition party. The effectiveness to the third party also includes the effectiveness for the common third party and the cohabitant outside marriage, and the effect for the non-disciplinary party is mainly to put forward the remedy way of the non-disciplinary party. In the last part of this paper, the author puts forward some suggestions to solve these two problems, that is, it is urgent for China to establish the system of daily family affairs agency and to perfect the system of husband and wife's agreed property in our country. The purpose of this paper is to put forward some suggestions on the property system of husband and wife in our country through the narration of these suggestions.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D923.9

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