Judicial Differences and Countermeasures on Division of Unregistered Houses with Joint Investment by Spouse in Divorce Proceedings
Empirical Analysis based on 383 Judicial Cases
DOI:
https://doi.org/10.54691/fhss.v3i7.5301Keywords:
Joint Property of Couple; Unregistered Houses; Housing Division; Not to be Divided; Management and Use Rights; Ownership.Abstract
The difficulty of judicial trial is how to divide the unregistered property jointly invested by the couple when they divorce. Analysis of 383 cases of division of unregistered houses jointly funded by spouses in divorce reveals that regarding the request for the division of a house jointly invested by the couple but not registered, the court has ruled not to divide, but also has ruled division of management and use rights or division of ownership. The decision is not divided and cannot achieve the effect of judicial division and dispute resolution, and its application should be strictly restricted; The ruling on the division of rights and interests under unregistered housing related contracts lacks legal reference, and judicial interpretations should be supplemented as a formal basis; There is a reasonable application space for division of management and use rights or division of ownership, and the specific application situations should be summarized based on judicial practice to coordinate the conflict of application between the two.
Downloads
References
Cui Jianyuan: Some Opinions on the Registration of the Property Right of Immovable in Chinese Civil Code, Law Science Magazine,Vol.41 (2020) No.9, p.37-50.
Chen Yongqiang, Li Wen: Theoretical Basis and Normative Construction of Intermediate Rights in Property Rights Changes, Jiangsu Social Sciences,(2022) No.5,p.145-153.
Shi Yifeng: Protection of the Rights and Interests of Homebuyers in Real Estate Enterprise Bankruptcy, Law Science, (2022)No.12,p.123-135.
The People's Court of Kaiyang County, Guizhou Province (2021) Qian 0121 Min Chu 1442 Civil Judgment.
The People's Court of Wolong District, Nanyang City, Henan Province (2021) Yu 1303 Min Chu No. 871 Civil Judgment.
The Second Intermediate People's Court of Beijing Municipality (2022) Jing 02 Min Zhong No. 5649 Civil Judgment.
The People's Court of Fuqing City, Fujian Province (2021) Min 0181 Min Chu No. 3618 Civil Judgment.
The People's Court of Guanghan City, Sichuan Province (2021) Chuan 0681 Min Chu No. 143 Civil Judgment.
Intermediate People's Court of Tai'an City, Shandong Province (2020) Lu 09 Min Zhong 3028 Civil Judgment.
The People's Court of Xishui County, Huanggang City, Hubei Province (2020) E 1125 Min Chu No. 562 Civil Judgment.
The People's Court of Yongcheng City, Henan Province (2022) Yu 1481 Min Chu No. 1528 Civil Judgment.
The People's Court of Suining County, Jiangsu Province (2020) Su 0324 Min Chu No. 4489 Civil Judgment.
The People's Court of Donghai County, Jiangsu Province (2022) Su 0722 Min Chu 1608 Civil Judgment.
The People's Court of Shizhong District, Zaozhuang City, Shandong Province (2020) Lu 0402 Min Chu No. 2147 Civil Judgment.
The People's Court of Cang County, Hebei Province (2021) Ji 0921 Min Chu No. 2584 Civil Judgment.
The People's Court of Hongkou District, Shanghai Municipality (2020) Hu 0109 Min Chu No. 19293 Civil Judgment.
The People's Court of Chaoyang District, Beijing (2020) Jing 0105 Min Chu 19415 Civil Judgment.
Jinhua Intermediate People's Court of Zhejiang Province (2020) Zhe 07 Min Zhong 400 Civil Judgment.
Guangxi Teng County People's Court (2021) Gui 0422 Min Chu No. 3567 Civil Judgment.
The People's Court of Zhifu District, Yantai City, Shandong Province (2021) Lu 0602 Min Chu 4029 Civil Judgment.
The People's Court of Yingzhou District, Fuyang City, Anhui Province (2020) Wan 1202 Min Chu No. 559 Civil Judgment
The People's Court of Jin'an District, Lu'an City, Anhui Province (2020) Wan 1502 Min Chu 3317 Civil Judgment.
The People's Court of Huarong District, Ezhou, Hubei Province (2021) E 0703 Min Chu No. 1818 Civil Judgment.
The People's Court of Xingqing District, Yinchuan City, Ningxia (2022) Ning 0104 Min Chu No. 9481 Civil Judgment.
The First People's Court of Zhongshan City, Guangdong Province (2021) Yue 2071 Min Chu No. 4657 Civil Judgment.
The People's Court of Luancheng District, Shijiazhuang City, Hebei Province (2021) Ji 0111 Min Chu No. 1767 Civil Judgment.
The Third Intermediate People's Court of Beijing Municipality (2021) Jing 03 Min Zhong No. 20592 Civil Judgment.
The People's Court of Shizhong District, Zaozhuang City, Shandong Province (2021) Lu 0402 Min Chu 5166 Civil Judgment.
The People's Court of Huantai County, Shandong Province (2021) Lu 0321 Min Chu 1940 Civil Judgment.
The People's Court of Wulian County, Shandong Province (2021) Lu 1121 Min Chu No. 3203 Civil Judgment.
The People's Court of Jiangcheng District, Yangjiang City, Guangdong Province (2021) Yue 1702 Min Chu No. 864 Civil Judgment.
The Intermediate People's Court of Binzhou City, Shandong Province (2021) Lu 16 Min Zhong No. 3245 Civil Judgment.
The People's Court of Huadian City, Jilin Province (2021) Ji 0282 Min Chu No. 832 Civil Judgment.
The Intermediate People's Court of Xiangtan City, Hunan Province (2020) Xiang 03 Min Zhong No. 1279 Civil Judgment.
The People's Court of East District, Panzhihua City, Sichuan Province (2021) Chuan 0402 Min Chu No. 5348 Civil Judgment.
The Intermediate People's Court of Fuxin City, Liaoning Province (2021) Liao 09 Min Zhong 2042 Civil Judgment.
The People's Court of Haidian District, Beijing (2021) Jing 0108 Min Chu No. 42056 Civil Judgment.
The People's Court of Jiyuan City, Henan Province (2021) Yu 9001 Min Chu No. 2059 Civil Judgment.
The People's Court of Daying County, Sichuan Province (2020) Chuan 0923 Min Chu No. 1494 Civil Judgment.
The Intermediate People's Court of Huangshan City, Anhui Province (2021) Wan 10 Min Zhong 151 Civil Judgment.
The Intermediate People's Court of Qiqihar City, Heilongjiang Province (2020) Hei 02 Min Zhong 307 Civil Judgment.
The People's Court of Lianhu District, Xi'an City, Shaanxi Province (2022) Shaanxi 0104 Min Chu No. 13213 Civil Judgment.
The People's Court of Suining County, Jiangsu Province (2020) Su 0324 Min Chu No. 4489 Civil Judgment.
The People's Court of Peng'an County, Sichuan Province (2021) Chuan 1323 Min Chu No. 667 Civil Judgment.
The People's Court of Chaoyang District, Beijing (2020) Jing 0105 Min Chu 27417 Civil Judgment.
The Third Intermediate People's Court of Beijing Municipality (2021) Jing 03 Min Zhong No. 20592 Civil Judgment.
The Intermediate People's Court of Guiyang City, Guizhou Province (2020) Qian 01 Min Zhong No. 8297 Civil Judgment.
The People's Court of Shanghai Pudong New Area (2020) Hu 0115 Min Chu No. 22263 Civil Judgment.
The Intermediate People's Court of Ziyang City, Sichuan Province (2021) Chuan 20 Min Zhong No. 936 Civil Judgment.
Ying Xiuliang: The Legal Nature of Illegal Buildings and Their Real Right Relief Methods -- Also on Article 231 "Legal Construction" of the Civil code, Shanghai Law Society: Collection of Shanghai Law Studies- Collection of Civil code,Vol.11 (2020), p.129-143.
Huang Zhong: Identification of the Private Law Status of Illegal Buildings - Interpretation of Article 30 of the Property Law ,Contemporary Law Review,Vol.31(2017)No.5,p.93-103.
Zhang Wenxian: The Political Theory, Legal Principle and Philosophy of Xi Jinping Thought on the Rule of Law, Tribune of Political Science and Law, Vol.40(2022)No.3,p.3-26.
Huang Zhong: On the Fate of Judicial Interpretation after the Civil code, China Legal Science, (2020) No.6,p.44-63.
Wu Dongxing: Localized Reconstruction on the Concept of Legal Source, Journal of the National Institute of Prosecutors, Vol.31(2023)No.1,p.41-57.
Sun Xianzhong, Yang Limei: The issue of property rights confirmation in housing transactions that have been delivered but not registered, China Journal of Applied Jurisprudence, (2020)No.3,p.12-23.
Wang Liming: On the Principle of Differentiation under Creditor's Rights Formalism -Focusing on Article 215 of the Civil code, Tsinghua Law Review, Vol.16(2022)No.3,p.5-19.
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
How to Cite
