Nameless Co-proprietor Rights Protection on Conjugal Real Property
|School||East China University of Political Science|
|Keywords||Dormant in common Day - to - day family dealership Bona Fide Acquisition Correction of the registration Objection registration Real estate registration system|
China's historical and cultural traditions and marital ethics essentially determine the presence of a large number of the matrimonial property system in China. At the same time our \Therefore, the duration of the relationship between husband and wife in the registration agency registration of real estate in one of the spouses name, real property should belong to both husband and wife, so that large numbers of the husband and the other party is not registered in the registration agency (belonging to the registration of real estate-owner), The husband and the other party is matrimonial real property research hidden name. Plus Property Law came into effect on October 1, 2007 2 evolving judicial interpretation of the Marriage Law of the limitations of the human rights protection, the couple undisclosed marital hidden name of human rights impact of increasingly narrow range; 3 purposes of housing registration and July 1, 2008 emphasized the real right of publicity, the effectiveness of the public trust, encourage to improve the efficiency of the transaction of property rights, to make the implicit name Total human rights protection efforts greatly weakened; Marriage Law given couples the legal co-ownership with the legal property law to protect registered couples were entitled to the difference in marital anonymous human rights protection is particularly urgent. The addition the daily housework agency abuse of the right and the right disposition of goodwill made the application of the system, so that the dormant can not bona fide third party, undisclosed total of human rights protection in a very disadvantageous position. Dormant rights are frequently violated, and legal relief path is quite narrow. To do this, on the one hand, to daily housework agent permission should be within the scope of the affairs of the demands of family life. But on the other hand is the most important is to improve the current real estate registration system, \system around the registration agency based on housing registration audit matrimonial practice, which was perfect undisclosed-owner of the real estate registration relief path. But they are dormant people afterwards Relief path. From the fundamental protection of dormant rights, it is necessary to refine the source the registration agency review (including inspection procedures apply for registration materials and ask); perfect correct registration system, the objection to a registration system, expand the correct Scope of registration, registration authorities should be given, especially undisclosed-owner directly filed objection registration rights; additional real estate inspection system in the registration process, expand access to the main register and inspect range; need to increase in the registration of real estate matters The husband and wife real estate Total special registration system, in order to fundamentally solve the dormant human rights protection imbalances.