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善意取得制度在赋予善意第三人取得不动产所有权的同时,对其构成条件亦作了严格限制,但并未就善意、合理对价的界定作出具体说明;在某些特殊情况,如第三人过失、虽约定合理对价却仅支付部分价款以及非第三人原因登记不能时,如何均衡所有人与受让人利益更是值得探讨的问题。本文拟探讨在第三人善意取得条件缺失下,夫妻一方擅自处分共有房屋后,房屋归属于第三人的认定与依据。
The bona fide acquisition system, while giving goodwill third parties the ownership of real estate, also imposes strict restrictions on its constitutional conditions, but does not specify the definition of goodwill and reasonable consideration. In some special cases, such as the third party’s negligence Although it is worth discussing how to strike a balance between the interests of the owner and the assignee even though the agreed price is reasonable and only part of the price is paid and the non-third party can not register the reason. This article intends to explore the lack of goodwill acquisition conditions of the third party, the husband and wife without authorization to deal with the common house, the home belongs to the third person’s cognizance and basis.