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天博官方: Academic Papers

天博官方:WANG Yang: Entirely Different: The Internal and External Ownership Schemes and Effects of Marital Property

天博官方-02-15

Abstract:

The shared ownership of spouses is different from the co-ownership system in the sense of Chinese law. The internal and external ownership schemes of marital property distinguish between the marital dimension and the property right dimension. Internal schemes cannot be defined as legal relation of obligation, and have legal effects both within the marital identity and outside the marital relationship. The legal property system, agreed property system, and special property agreement of spouses have direct ownership effect in the dimension of marriage. Whether there is a change in the meaning of property rights needs to follow the principle of property rights disclosure, and the same applies to the division or agreement of divorce property. Whether the separate disposal of common property by one spouse constitutes unauthorized disposal only depends on the determination of the property rights relationship. When there is no right to dispose, it is necessary to obtain supplementary disposal authority through apparent agency rather than in good faith. Free or low-priced unauthorized disposal can be remedied through means such as malicious collusion, divorce damages compensation, divorce property division, objection to execution by non-parties, and the application of creditor revocation rights. Free or low-priced unauthorized disposal can be remedied through means such as malicious collusion, divorce damages compensation, divorce property division, objection to execution by nonparties, and the application of creditor revocation rights. The object of jointly owned equity by spouses is equity ownership rather than shareholder rights. When transferring equity within spouses, the transfer of shareholder qualifications needs to comply with the substantive and formal requirements of the Company Law. When the shareholder transfers the shared equity to the public for free or at a low price beyond the scope of implied authorization, the spouse of the shareholder may claim to establish an unauthorized agency.

Keyword:

Changes in Property Rights; Common Property System; Spousal Property Agreement; Execution Objection; Spousal Equity


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