Research On The Effectiveness Of The Terms Of The Third Person In A Divorce Division Of Property Agreement

Divorce division of property agreement between spouses on the rate of divorce and divorce property division, reflects the voluntary equality and autonomy between the parties. Our country "marriage law" and "marriage registration ordinance" and the supreme people’s court on the applicable<marriage law of the People’s Republic of China>(2) "the explanation of some issues also have the divorce agreement in relevant laws and regulations. But there are some broad rules and principles, the specific legal provisions is limited, therefore, for the effectiveness of the divorce agreement concluded that there are some differences, leading to different connection with the given phenomenon in the judicial practice. In addition, because often in divorce property division agreement stipulated in the children’s property interest between spouses. And division of property in divorce agreement relating to the nature of the third person and also has a lot of controversy. This paper, taking a, zhu small Yuan Mou again confirm with Zhu Mou property dispute case for the Angle of view, to summarize the focus problem in case of marriage and family and inheritance of legislation in our country, from the nature of divorce property division agreement, divorce property division agreement to a third party about the type and nature of analyzed step by step. And other country law to the third party interests contract and inheritance of the situation changes and cancellation are discussed, and the handling of the case results evaluation, improving Suggestions finally. On the structure, this paper will be divided into the following five parts:The first part:introduction (which this article studies background). This article refers to the suzhou city intermediate people’s court for retrial case. Case was introduced in detail the basic situation and the court’s decision, at all levels to summarize cases focus, and focus on the case paper summarizes the theoretical issues involved, and as a general framework of this study.The second part:divorce property division agreement to a third person about of legal analysis. First explore the nature of the divorce property division agreement, through the introduction and analysis of different views and theories, it is concluded that the author support point of view, and discusses the effectiveness of the third person about money and its legal status, and lay a foundation for later discussion.The third part:divorce property division agreement to a third person about the types and properties. Divorce division of property agreement to a third person roughly divided into two categories, the first is the property of the front sanctions agreed, behind the second type is the property of the disciplinary action. Agreed for the first category, namely, the property of the front disposition. Practice and theoretical circle there are two main ideas. A considered the provisions of the nature of the gift, a gift contract; Another thought is set for a third person interest, is the third party interests contract. The author through to the above two advocated the theory analysis and case, think the first kind of contract is essentially third party interests contract. And for the second category of convention, this article through to the inheritance theory research and analysis of the contract, the author thinks that in the division of property in divorce agreement on common to dispose of the property agreement, behind, in the form of inheritance contract, both parties to a spouse to dispose of property behind him. Distinguish between the two is discussed in the end.The fourth part:the divorce property division agreement to a third party about the change and cancellation of case study. Due to the third part is about the third party payment types and properties are analyzed and the conclusion, therefore, the author is based on this to continue. Discussed in the divorce agreement "" third party interests contract change and cancellation of exceptions. According to the principles of the freedom of will and consider the balance of interests between the parties. Reference outside method, put forward a divorce agreement "inherit" situation, the loss of effectiveness.The fifth part:conclusion. For case cited in this paper, the author through the above part, this paper clarifies the nature and from two aspects of legal theory and legal were elucidated. In addition, the case of legal issues, put forward some legislative Suggestions in order to provide ideas for future similar case processing.