Conflict And Coordination Between Property Law And Legal Property System Of Couples

Divorce is an inevitable social phenomenon, it not only means the identity of relationship, but also involves the division of the property, and the contradiction caused by the division of real estate is paid more attention. When divorce, the benefits of residential holdings and its income belong to which side? The theoretical circle have different views; At the same time, as the property law and the provisions of the husband and wife legal property system in our country have some conflicts, the ownership of residential holdings and its income in the judicial practice also have different understanding. This article will on the basis of cases, through the analysis of the practice, discuss the ownership of residential holdings and its income which buy by husband or wife before marriage or after marriage under the husband and wife legal property system, and put forward the author’s own views.In addition to the abstract and the conclusion, this article have four parts.The first part is the case of undertaking research. This part mainly introduces the basic situation of the case, the claims of the parties and the justification of the court; and the case’s mainly disputes and differences focuses, it mainly introduces the parties’ controversial focuses of the case facts and legal application, and raises the specific content of this paper to discuss.The second part is the ownership of residential holdings and its income under the legal property system of husband and wife. This part mainly introduces the husband and wife legal property system in our country have community property and personal property two legal situation; introduces the community property’s feature and makes the reader have a more understand to it. The ownership of residential holdings and its income under the legal property system of husband and wife, it mainly based on the rule of law and judicial practice, from the aspect of the residential holdings registration is one name or two names, inventor are one side or both sides, before or after marriage to buy to summary it, and put forward the author’s opinions. The author will divide the residential holdings’ earnings into three types: rent, investment income and natural value, from two aspects of community property and personal property to analyze the residential holdings’ income which under our country’s husband and wife legal property system.The third part is the the impact of conflicts between property law and the husband and wife legal property system to the ownership of residential holdings. This part mainly introduces the conflict between public summons of real right which make registration as a legal method and the marriage law from the time of setting up marriage, the time of property permits, and the source of capital to judge the ownership; The conflict between registration dffectiveness of property law and marriage law of real right alteration without registration; And the conflict between property law and marriage law on the ownership of premarital personal property’s income during the marriage.The fourth part is the coordination of the property law and the legal property system. The author mainly introduce aspects of perfecting the registration of community property and clearing the residential holdings’ ownership; Dealing with residential holdings and its income belonging, first apply the provisions of the marriage law, determine the principle of law priority; And according to the actual situation, and comprehensive considerate the five aspects of the equality between men and women, taking care of women and children’ benefits, taking care of the no-fault party, convenient to life and the production, appropriately considering the contribution to the family, to decided the ownership of residential holdings and its income. It will improve the system of husband and wife residential holdings and its income ownership system, and provide beneficial help to judicial practice.The conclusion.This section will summarize the full text, from property law and marriage law introduce the ownership of the involved housing, point out the conflicts, and put forward the author’s views.