Conflict And Coordination Of Legal Norms On Marital Real Estate Agreement

As the core form of the marital property, real estate is an important guarantee for the material basis of the marital relationship. In recent years, with the soaring commercial housing price and the growing of people’s property consciousness, people pay more and more attention to the protection of individual rights, so it is common for couple to make real estate agreement before or after marriage. Thus real estate agreement disputes between couples emerge constantly and become a hot issue of the society.Marital real estate agreement disputes lead to the application conflicts in marriage law and the judicial interpretation, property law and contract law, which is the reason of the constantly occurring "co-different sentence" phenomenon of such cases. Marital real estate agreement should be characterized as marital property agreement or contract gift, how about its internal and external effectiveness, how to balance the conflicts between marriage law and property law. No matter in judicial position or in academic position, it reached no agreement on those disputes. This thesis intends to analysis the disputes above one by one, then proposes appropriate judicial recommendation for such cases based on the reality of our country.The first part of the thesis, from couples and a third person perspective, lists typical marital real estate agreement cases in judicial practice. It introduces the different judicial positions nowadays in our country when facing those cases.The second part of the thesis is the legal analysis of the application conflict of laws and regulations on marital real estate agreement. In order to uniform judicial standards, this section gives a comprehensive theoretical analysis on marital real estate agreement, including the analysis of legal nature and legal effect of marital real estate agreement, and the handle tips of the regulation conflict.In accordance with the application conflicts in marriage law and property law, from the perspective of interest measurement, the third part brings forward the principle of balance between family stability and security of transaction.The forth part puts forward some specific proposals to deal with marital real estate agreement disputes, including the principle of party autonomy to be followed, building case guidance system and so on.The concluding part is the generalization of the introduction and the text, and elaborates the advocated proposition again.