目前的法律规则和司法解释在处理夫妻一方未经他方同意而擅自处分财产上总体上还采取了实质判断标准,该标准使夫妻共同财产成为一个特区,严重损害了交易安全,施加了过多的社会成本,创造了诸多司法风险。而依照物权法的原则,在夫妻共同财产的处分上采取形式判断——即公示公信原则更为有效,既能保障交易安全又能节省交易成本,同时为利益平衡计,辅以善意取得和恶意抗辩以避免机会主义行为。 The current legal rules and judicial interpretations have generally adopted substantive judgments in handling the unauthorized disposal of property by one of the spouses without the consent of the other party. The standard has made the joint property of husband and wife a special zone, which has seriously damaged the security of transactions and imposed too much Social costs, creating a lot of judicial risk. In accordance with the principle of property law, the common property of the husband and wife to take the form of judgment - that is, the principle of public accountability is more effective, both to ensure transaction security and transaction costs can be saved at the same time, for the balance of interests, supplemented by goodwill and malicious defense To avoid opportunistic behavior.