The Character And Effect Of Domestic Marital Property Division

This article aimed to define the character of the domestic marital property division agreement, judging the validity of the domestic marital property division agreement. Firstly, the article applied literature investigation method to organize the marital property system, the real right change mode as well as the domestic marital property division agreement theoretical system in our country at present. Secondly, using the method of comparative analysis to compare the concept and characteristic of the domestic marital property division agreement with the other property related agreements’ signed between couples, and distinguish the domestic marital property division agreement from divorce division of property and the contract of gift. And then confirm that the domestic marital property division agreements are belong to the spouse property system. At the same time, this paper using historical analysis method to inspects the development trend of the matrimonial regime and the real right change mode, and summarizes the basic legal framework of the division of marital property agreement analyzing the judicial practice in our country about the effect of the division of marital property agreement. Besides, the article, based on the development of China’s marriage and family relations of different historical stages, came up with the shortcoming of the current laws and regulations on marriage and family property order rules, and put forward relevant solution to improve the proposal.Part one, introductionThe introduction puts forward the main problems of this paper and tells the origin of the problem, at the same time reflect the research significance and practical value of the problem. The subject is from the case published on 《the Supreme People’s Court》 in 12 th, 2014. In this case, the lower and the appeal court made different sentence, causing that the professors and the judges realized the disadvantage of the domestic marital property division law system. Therefore, this article selects the division of marital property agreement signed between husband and wife as the research object, in order to accurately define the nature of the division of marital property agreement and analyze its legal effect.The first chapter is the concept and characteristics of marital property division. Contents of this chapter summarized the concept and characteristics of the division of marital property agreement, set the category of the division of marital property agreement. This paper compared the concept and characteristics of the marital property division agreement respectively with donation contract between couples and divorce property division agreement. So that the division of marital property agreement does not belong to the donation contract or divorce division of property, the judgment of the effectiveness for the division of marital property agreement cannot apply gift contract and divorce property division agreement rules.The second chapter is the nature of the marital property division agreement.This chapter defines clearly the nature of the marital property division agreement, namely the marital property division agreement belongs to the restriction of belongings between husband and wife. First of all, stated the restriction on the concept, characteristics and classification of belongings between husband and wife; Secondly, compared the concept and characteristics of the marital property division agreement with restricted set of belongings between husband and wife, then draws marital property division agreement belongs to marital property restriction, should use the related regulations of the marital property system.The third chapter is about the effect of the marital property division agreement.At first, the article lists the dispute of effectiveness about the marital property division agreement, and then distinguish the agreements into two categories based on whether the marital property division agreement can directly produce the real right change. Secondly, the article combed the current property law, marriage law and other related regulations on the marital property division agreement and its validity, then put forward the application of the property law and the marriage law. Finally, this paper divide the effect of the marital property division agreement into internal and external validity, this paper discusses the marital property division agreement on internal force, can directly cause the real right change; On the external effect, still should pay attention to the protection of the third person in good faith, adhere to the principle of publication of the real right.The fourth chapter is on the shortage of the marital property division system in our country.This part mainly lists some phenomena that it dose not have a unified theory or legislation. And the application of law in the judicial practice is not unified, too. First of all, we should clear the marital property division agreement belongs to the marital property restriction, and then unify the nature of the marital property division agreement from the springhead. Secondly, specified that the change of property right caused by the marital property division agreement belongs to the break of the principles of the real right change. And we should straighten out the relationship between the property law, the marriage law and its judicial interpretation. Thirdly, specify the presence of the marital property division agreement, the specific conditions of the third person acquired in good faith, improve the protection of the third person acquired in good faith, to distinguish the marital property division agreement of the internal and external validity. Finally, we should establish the marital property registration system, and perfect the marital property system. On the question of division of marital property, we should integrate with the change of basic theory of real right.