Civil and commercial perspective... Is the act of one of the husband and wife giving the common property to others without authorization.
Published:
2022-04-23
Brief description of the case Ms. Zhang and Mr. Li registered their marriage in 2008. Soon after the marriage, the two had a son. After marriage, Ms. Zhang assumed the responsibility of husband and son. Mr. Li was full of confidence when he saw the lovely child. He worked hard to start a business for his family and set up a company. Later, she could not resist the temptation to have feelings with the company's female accountant and maintained an improper relationship between men and women for a long time. After that, the female accountant gave birth to a son for her. Mr. Li is very happy to pay 1.88 million yuan twice (July 12, 2018, July 26, 2018) to buy a real estate for the female accountant. Now Ms. Zhang wants to sue Mr. Li for giving the joint property of husband and wife to others without his own consent during the marriage relationship, which is invalid, and claims that the female accountant should return the grant of 1.88 million yuan. Can Ms. Zhang's claim be supported by the court? Advice from counsel When the husband or wife makes an important decision on the disposal of the common property of the husband and wife not due to the needs of daily life, the husband and wife shall consult on an equal footing and reach a consensus. The donation of common property by one of the spouses to another is a disposition of common property, which shall be null and void without the consent of the spouse. In this case, although the 1.88 million yuan disposed of by Mr. Li was paid from his personal bank account, the payment period was during the existence of the relationship with Ms. Zhang, and the 1.88 million yuan should be regarded as the joint property of Ms. Zhang and Mr. Li. If Ms. Zhang requests the court to confirm that the gift is invalid and requests the return of 1.88 million yuan, the court shall support it according to law. Judicial Viewpoint of the Supreme People's Court Although there are two different views of partial invalidity and total invalidity in reality, the act of giving the joint property to others without authorization by one of the spouses should be completely invalid. Partially invalid said One of the spouses gives a large amount of the joint property of the husband and wife to another without authorization, which obviously infringes the property rights and interests of the other party. The act of the gift should be found to be partially invalid, not completely invalid. Reason: The common property of the husband and wife includes both the husband's share and the wife's share, half of the property given to others is the share of one of the spouses, and the intention of one of the spouses to dispose of their own share should be true, and the other person can obtain half of the property rights. According to the general principle of common ownership stipulated in article 299 of the the People's Republic of China Civil Code, during the existence of the marriage relationship, the common property of the husband and wife shall be regarded as an indivisible whole, and the husband and wife shall have joint ownership of all the common property without any share, and the two parties cannot divide their personal shares in the common property. The equal right of husband and wife to dispose of the common property does not mean that each husband and wife has a half share of the common property. Only at the end of their joint relationship can the common property be divided and their respective shares determined. Therefore, the view that "half of the property given to others is the share of one of the spouses" cannot be established. All invalid said During the existence of the marital relationship, both husband and wife have equal rights to the common property, and either party has the right to decide whether to dispose of the common property due to the needs of daily life. If an important decision is made on the disposition of the joint property of the husband and wife not due to the needs of daily life, the husband and wife shall consult on an equal footing and reach a consensus. According to the second paragraph of Article 1062 of the the People's Republic of China Civil Code, one of the spouses gives the common property to another person free of charge for the sake of daily life, which seriously damages the property rights and interests of the other party, which violates the principle of fairness in civil law, and such a gift shall be invalid. To sum up: the joint property of husband and wife is based on the provisions of the law, due to the existence of the relationship between husband and wife. In cases where the spouses do not choose another property system, the spouses share the common property in common, rather than in shares. It can be seen that, under a common relationship, the disposition of common property without the consent of all co-owners shall be null and void. Risk Alert In marriage and family, neither of the husband and wife should easily give the joint property of the husband and wife to the third party, and the third party should not accept the donated property at will. Because there is a risk that such a gift will be ineffective, as a recipient, it is likely that it will end up being just an empty joy. Article Link 1. Article 501 of the Civil Code of the people's Republic of China stipulates that the disposal of shared real or movable property and the major repair, change of nature or use of shared real or movable property shall be subject to the consent of the co-owners or all co-owners who account for more than 2/3 of the shares, unless otherwise agreed between the co-owners. 2. Article 299 of the Civil Code of the People's Republic of China stipulates that the co-owners have joint ownership of the real or movable property in common. The second paragraph of Article 1062 of the the People's Republic of China Civil Code stipulates that husband and wife have equal rights to deal with common property.
Brief description of the case
Ms. Zhang and Mr. Li registered their marriage in 2008. Soon after the marriage, the two had a son. After marriage, Ms. Zhang assumed the responsibility of husband and son. Mr. Li was full of confidence when he saw the lovely child. He worked hard to start a business for his family and set up a company. Later, she could not resist the temptation to have feelings with the company's female accountant and maintained an improper relationship between men and women for a long time. After that, the female accountant gave birth to a son for her. Mr. Li is very happy to pay 1.88 million yuan twice (July 12, 2018, July 26, 2018) to buy a real estate for the female accountant. Now Ms. Zhang wants to sue Mr. Li for giving the joint property of husband and wife to others without his own consent during the marriage relationship, which is invalid, and claims that the female accountant should return the grant of 1.88 million yuan. Can Ms. Zhang's claim be supported by the court?
Advice from counsel
When the husband or wife makes an important decision on the disposal of the common property of the husband and wife not due to the needs of daily life, the husband and wife shall consult on an equal footing and reach a consensus. The donation of common property by one of the spouses to another is a disposition of common property, which shall be null and void without the consent of the spouse. In this case, although the 1.88 million yuan disposed of by Mr. Li was paid from his personal bank account, the payment period was during the existence of the relationship with Ms. Zhang, and the 1.88 million yuan should be regarded as the joint property of Ms. Zhang and Mr. Li. If Ms. Zhang requests the court to confirm that the gift is invalid and requests the return of 1.88 million yuan, the court shall support it according to law.
Judicial Viewpoint of the Supreme People's Court
Although there are two different views of partial invalidity and total invalidity in reality, the act of giving the joint property to others without authorization by one of the spouses should be completely invalid.
Partially invalid said
One of the spouses gives a large amount of the joint property of the husband and wife to another without authorization, which obviously infringes the property rights and interests of the other party. The act of the gift should be found to be partially invalid, not completely invalid. Reason: The common property of the husband and wife includes both the husband's share and the wife's share, half of the property given to others is the share of one of the spouses, and the intention of one of the spouses to dispose of their own share should be true, and the other person can obtain half of the property rights.
According to the general principle of common ownership stipulated in article 299 of the the People's Republic of China Civil Code, during the existence of the marriage relationship, the common property of the husband and wife shall be regarded as an indivisible whole, and the husband and wife shall have joint ownership of all the common property without any share, and the two parties cannot divide their personal shares in the common property. The equal right of husband and wife to dispose of the common property does not mean that each husband and wife has a half share of the common property. Only at the end of their joint relationship can the common property be divided and their respective shares determined. Therefore, the view that "half of the property given to others is the share of one of the spouses" cannot be established.
All invalid said
During the existence of the marital relationship, both husband and wife have equal rights to the common property, and either party has the right to decide whether to dispose of the common property due to the needs of daily life. If an important decision is made on the disposition of the joint property of the husband and wife not due to the needs of daily life, the husband and wife shall consult on an equal footing and reach a consensus. According to the second paragraph of Article 1062 of the the People's Republic of China Civil Code, one of the spouses gives the common property to another person free of charge for the sake of daily life, which seriously damages the property rights and interests of the other party, which violates the principle of fairness in civil law, and such a gift shall be invalid.
To sum up:The joint property of husband and wife is based on the provisions of the law and arises from the existence of the relationship between husband and wife. In cases where the spouses do not choose another property system, the spouses share the common property in common, rather than in shares. It can be seen that, under a common relationship, the disposition of common property without the consent of all co-owners shall be null and void.
Risk Alert
In marriage and family, neither of the husband and wife should easily give the joint property of the husband and wife to the third party, and the third party should not accept the donated property at will. Because there is a risk that such a gift will be ineffective, as a recipient, it is likely that it will end up being just an empty joy.
Article Link
1. Article 303 of the Civil Code of the People's Republic of China stipulates:Disposition of common real or movable property and major repairs, changes in the nature or use of common real or movable property shall be subject to the consent of the co-owners or all co-owners who account for more than 2/3 of the shares, unless otherwise agreed between the co-owners.
2. Article 299 of the Civil Code of the People's Republic of China stipulates:The co-owners have joint ownership of the real or movable property they share.
The second paragraph of Article 1062 of the the People's Republic of China Civil Code states:Husband and wife have equal rights to dispose of common property.
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