On The Influence Of Effective Legal Documents On Property Ownership Of Subject Matter Implemented

The Property Law makes provisions on the general principles and exceptions of theproperty change in China, which plays an important role in determining the ownership of theproperty. Article28therein provides that where a real right is created, changed, transferred oreliminated for a legal document of the people’s court or a requisition decision, the real rightshall become effective upon the effectiveness of the legal document or the requisition decisionof the people’s court. However, the judicial interpretations have not involved the specificapplicable scope of the article and the theoretical circle and the practical circle have not yetformed the unified opinions on the issue. A case handled by the author in the work is that theperson not involved in the case proposes dissertation on the subject matter in the effectivelegal documents, takes as the ground that the ownership of subject matter has been confirmedby the court to him and requests the court to terminate the seizure of the subject matter. Canthe dissertation of the party be established? There are many different handling opinions on thecase, the person applying for execution and the party not involved in the case stick to theirown viewpoints, and the conflicts are irreconcilable, having gradually forming unstablefactors.This thesis conducts case study method, literature analysis method and comprehensiveanalysis method. The author bases the research on the case, begins from the focus of the case,analyzes the provisions of the current law in China, and proposes the review thought on thedissertation on the subject matter, hoping to be helpful to the real work. This thesis consists ofintroduction and body.The body of the thesis consists of three parts. Part One overviews a case executed,introduces the execution grounds, the execution and review on the dissertation on theexecution of the case and proposes three focuses thereof. Part Two makes specific analysisunder the current legal framework. Focus one discusses the effectiveness of the divisionagreement on joint property, analyzes the nature of the division of the joint property and theeffectiveness of the division agreement when a couple divorces, and defines the principle thatthe property without legal announcement cannot have the effect of real right. Focus two of thecase is the type of legal documents in Article28of the Property Law. Owing to the fact thatour scholars fail to make further provisions on the specific implementation of the clause, the author proposes the author’s understandings on the clause in combination with the opinions ofthe relevant scholars and defines the legal documents applicable to the clause. Focus Three ofthe case is the identification of malicious litigation, and comes to the conclusion through deepanalysis on the connotation and component of malicious litigation and in combination withthe specific details of the case. Part Three proposes the thought on the case, as for the partynot involved in the case applies for the dissertation review on the subject matter in accordancewith the effective legal documents, the author proposes the thought on the dissertation reviewand the specific requirements for the establishment of dissertation and constitutes the relevantsystems to ensure the unity of the announcement owner and the real owner of the property andeliminate the emergence of such case fundamentally.