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通过一典型案例可见不动产善意取得制度不能有效保护夫妻共有财产中隐名共有人的合法权利。揭示该问题产生的原因,并从善意第三人和隐名共有人利益衡量角度,设计出保护隐名共有人的制度平衡策略:增加第三人的注意义务,由律师负责相关审查来减轻国家赔偿责任和明确隐名共有人权利。
Through a typical case, it can be seen that the system of goodwill acquisition of real estates can not effectively protect the legitimate rights of the anonymous co-owners in the common property of the couple. The reasons for this problem are revealed, and from the perspective of the interests of bona fide third parties and the anonymous co-owners, a systematic balance strategy is proposed to protect the anonymous co-owners: increase the third party’s duty of care, and the lawyer is responsible for the relevant examination to reduce the national Liability and a clear co-owner’s rights.