Group of authority of dimension of children of conciliatory area woman reachs area judicatory bureau to be established jointly by area woman federation, hold water from 2018, the member is conciliatory area 20 female lawyers.
Since March 8, 2019, "Conciliatory female " roll out " I am become today class- - authority saying dimension those things " with case commentate law board piece. This board piece reach social heat around the legal laws and regulations closely related rights and interests of as female as Fu children, female lawyer is chosen have attention of typical sex, society to spend tall woman children rights and interests case of relevant dimension authority, unscramble typical case, undertake commentate law analyse manages, send legislation to the side of female friend.
How does the processing law that husband and wife shares belongings set? How does privately of one party of husband and wife handle common property to do? Believe what often pay close attention to to this also is everybody.
This period " I am become today class- - authority saying dimension those things " column Guo Yue's lawyer, will tell you right answer through real case!
Guo Yue
Brief introduction of round member of authority of dimension of children of conciliatory area woman
Guo jumps a lawyer, office of attorney of Beijing class lens hold estate attorney.
Professional domain: Suit of civilian trade issue (if marital family succeeds dispute, tort dispute, contract dispute) , professional work of litigation of plead of administrative lawsuit, criminal, blame.
Online view: The home remedy that husband and wife shares belongings has no right punish
Brief introduction of details of a case
Zhang Mou (female) with Li Mou (male) the building is acquired after marriage, house property is registered at Li Mou under one's name. Li Mou and Zhang Mou live apart because of emotional problem move from inside the home. A day, zhao Mou comes to Home Zhang Mou suddenly, inform the building that Zhang Mou lives to had been bought by its, showed house property evidence, house property card shows the building has registered Zhao Mou under one's name. Zhao Mou asks Zhang Mou is vacated accordingly return a house, zhang Mou refuses. Zhao Mou sues Zhang Mou, Li Mou subsequently to the court, ask 2 people fulfil building business contract, consign building pays penalty due to breach of contract.
The case is dealt with reach trial result
Lawyer discovery, the husband and wife that experience case building is Zhang Mou and Li Mou shares belongings, unless Zhao Mou forms kindness to obtain, otherwise Zhang Mou has authority to recover a building. Via seeking advice from building intermediary orgnaization, of the building trade the value is overt under market price. The market price of building of case of the experience when for this attorney representative Zhang Mou put forward to trade to Li Mou and Zhao Mou to the court has the application of appraisal, classics court entrusts professional orgnaization appraisal, zhao Mou and the building that Li Mou agrees trade the price 70% under market price.
Final court is maintained, the husband and wife that experience case building is Zhang Mou and Li Mou is collective belongings, li Mou has no right do sth without authorization sells a house, the behavior that its do sth without authorization sells a house is belonged to have no right punish. Basis " law of right of matter of People's Republic of China " the 106th regulation, counterpoise without punish the person will be praedial make over alienee, droit person has authority to recover; Outside having a regulation additionally except law, accord with following scenario, alienee obtains this praedial movable perhaps droit: (one) alienee suffers making this praedial perhaps is kindness when movables; (2) make over with reasonable price; (3) law of cession praedial movable perhaps according to sets what ought to register to had been registered, do not need to register had delivered to alienee. Experience case building although already change the name of owner in a register is registered to Zhao Mou under one's name, but between Zhao Mou and Li Mou trade the value is overt under market price case, did not make over with reasonable price, zhao Mou does not form kindness to obtain. The mutual person Zhang Mou that shows this house rejects admit posthumously, the requirement is recovered appeal to contend for a building, zhao Mou cannot be obtained appeal to the droit that contends for a building, to Zhao Mou's lawsuit request court does not grant to support. Accordingly, forensic court decision: Reject Zhao Mou's lawsuit to request.
The case is commented on
The husband and wife of punish of do sth without authorization of one party of husband and wife that this case is a model shares belongings, enroach on just closes right beneficial case additionally. " marriage law of People's Republic of China " the seventeenth regulation, husband and wife puts add in marital relation during the following belongings of earning, gui Fu wife is collective and all: (one) salary, bonus; (2) production, management profit; (3) the accrual of intellectual property; (4) the belongings of successive or donative earning, but Benfadi 18 except of the 3rd regulation; (5) other ought to return collective all belongings. Husband and wife is right collective all belongings, have equal discretion. " law of right of matter of People's Republic of China " the 97th regulation, what punish shares is praedial or movables and praedial to what share movable perhaps make heavy overhaul copy, answer share a person of 2/3 above by the portion via holding share or all collective and mutual person agrees, but between mutual person the except that has an agreement additionally. According to afore-mentioned legal provisions, the building that Zhang Mou and Li Mou acquire after marriage belongs 2 people collective and all, li Mou has no right separate disciplinary action this building. Li Mou's conduct is serious enroach on lawful property rights and interests of Zhang Mou.
The lawyer reminds
"Kindness is obtained " it is our country " matter right law " formulary droit obtains one of means. In this case, if Zhao Mou and the building that Li Mou agrees trade,the price is not formed apparent the circumstance under market price, criterion Zhao Mou forms kindness to obtain, can acquire a building. Basis " law of right of matter of People's Republic of China " the 106th obtain the 2nd times about alienee kindness praedial movable perhaps, the person has former property authority to have no right regulation of losing of compensation of punish person request, zhang Mou can choose to ask Li Mou recoups a loss only.
