Research About Ownership Of Real Estate Purchased For Their Children By Parents After Marriage

In recent years as real estate prices soared, the problem about ownership of real estatehas which is the material guarantee of family life has become very prominent. Thearticle7which real estate purchased for their children by parents after marriage ofJudicial Interpretation of Marriage Law (3)(Hereinafter referred to as theinterpretation (3)) caused quite a stir immediately in society when launched, words ofpraise or blame, Negative voice is heard frequently. Everyone knows the stability ofmarriage and family relations laid the important foundation for the society. We shouldnot cause dissatisfaction of the society or panic just because the establishment of alaw or a judicial explanation issued. We should analyze the influence of theinterpretation (3) for family and society with the objective, realistic perspective.The purpose of this article is analyzing the reason why article7is not recognized, andthrough the amending suggestions of article7to solve the problem. In particular, thisarticle analyze the reason of article7suffered criticisms with the methods ofcomparative analysis and logical deduction so as to render to the best of their own onthe solution of the problem. This article begins with case to lead some problemswhich the article wants to analyze. The second part is mainly part of this article.Respectively from the clause does not conform to the basic principles and specific ofthe current Marriage Law, lacking the protection of rural women and females familygroups after marriage, qualitative about the fouded of parents, parents clearly meaningof donering the property can not be ignored, and determining the done in accordancewith the true wishes of the donor. These five issues is the key which article7causethe dissatisfaction among the public, finding the cause, the problem is solved easily.The third part of this article carries on the second part analyzes the second paragraphof article7, In the second paragraph mainly around that the clause against incometogether after marriage and marriage ethical. At last the author respectively fromrecognized principles and standards of ownership of real estate purchased for theirchildren by parents to put forward suggestions for the amending of article7, adhere tothe donation rules of Marriage Law and be refined is the key problem which theauthor trying to solve, the law can be done with the Marriage Law after amending,In particular, It is a detailed rules about this kind of problem for Marriage Law and itsjudicial interpretation (2), Marriage Law provides a general guide to the problem of real estate purchased for their children by parents after marriage, explanation (2) onlysolved the ownership of capital contribution, without mention the ownership of realestate. But the law after amending made detailed provisions about various cases ofreal estate ownership on the basis of the Marriage Law. Provisions into this not onlyachieves the unification of legal theory, but also brings convenience to the practicaloperation.