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Without the other joint owners agree to take out a mortgage the family house the effectiveness of a total of


Obligations. In total during the existence of common,[link widoczny dla zalogowanych], some owners dispose of joint property without authorization,[link widoczny dla zalogowanych], the general found to be invalid. But the third person in good faith,[link widoczny dla zalogowanych], paid to obtain the property, who should safeguard the legitimate rights and interests of the third, the loss of other owners from unauthorized disposition of the common property of the person compensation. demanding. to the present case, according to the responsibility, and such proof is relatively difficult. because the bank has not signed a contract to seek mortgage advice Zhang's wife. According to obligation to: Bank of Ordinance, and should not apply to December 27, 2001 until implementation of the contract, his wife should know. Zhang in the Department contract to buy housing on the woman's name,[link widoczny dla zalogowanych], promising to prepare to avoid suspicion of bank debt, therefore, the interpretation of the case from the perspective of benefit to creditor banks. According to signed for the loan, mortgage contract, so the banks and mortgage signed up a contract for compensation. Bank signed a mortgage contract with Zhang. whether to goodwill, which is the key to the case. look at the contracting process from the case , banks are not at fault, is well-intentioned. First, banks have every reason to believe that Zhang's right to dispose of the case housing litigation. Although Zhang is not a housing property rights litigation, but the case point of view, Zhang is actual investors, is the actual purchase contract the buyer, his wife, Wang is not a party to the purchase contract. the buyer on the purchase contract is only the name of Zhang and young daughter, so, the banks have every reason to believe that Zhang has the right to dispose of housing litigation. Since there are powers, Zhang can take out a mortgage the house. Second, the bank is not only signed a mortgage contract with Zhang, and mortgage registration authorities also carried out according to the law for the registration of the mortgage contract. These two aspects show that the banks are doing to the duty of care. is not at fault, so it is good. Therefore, under section 89 of the above comments, the Bank signed a mortgage contract with Zhang is a good time, and paid should safeguard the legitimate interests of banks, mortgage contract is legally recognized according to the law effective. needs to be noted that, in this case the situation in practice is universal. that both spouses purchase, the name of the Department of party, or the Department of the spouses and the names of their minor children, and then taking out a home to run their own businesses or holding mortgages, when the loan is not when, with regard to the house is jointly owned property without the consent of the other grounds for confirmation mortgage contract is invalid, or damage to the mortgage contract, the lawful rights and interests of minors, asked to confirm the mortgage contract is invalid. In fact, one of the spouses to dispose of their common property, the other is generally known, especially for office or holding their own enterprises mortgages even more so. use of such methods is simply to prepare for malicious avoiding the debt. To maintain security of transactions, maintenance of trading standards at least, according to the principle of good faith, the law of such acts should be given a negative evaluation to confirm the validity of the mortgage contract. to protect the legitimate rights and interests of a relatively good. In summary, this case valid mortgage contract. A second instance court's decision is wrong. (Author: Gulou District,[link widoczny dla zalogowanych], Fuzhou, Fujian People's Procuratorate) Editor: Chuan Sheng Cai
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