Restrictions on Disposition of Marital Housing:An Investigation from The Perspective of Trust
The marital housing is the basic place for husband and wife to live together,and the protection of marital housing is insuffi-cient in our current law.The legitimacy of restricting disposition of marital housing is discussed from the perspective of fact and value.By referring to the legislation and judicial practice of France and Germany,typical countries in the civil law legal system,and the Unit-ed Kingdom in the common law legal system,the approaches and measures to protect marital housing can be discussed from the per-spective of trust,and analyze the measures of the restriction on the disposal of the matrimonial housing in terms of the legislative reflec-tion and the application of the trust jurisprudence,and achieve the function of supplementing the missing function of the law through the invocation of the trust jurisprudence and the references.
marital housingdispositional limitationstheory of trust law
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