Search On The Marital Agreement About The Ownership Of Real Estate

In recent years, disputes caused by property contract between husband and wife are increasing, the detail of the individual cases also shows the intricate characteristics and judgment of marital property contract disputes cases has become one of the focal attentions in the academic world as well. From the court processing attitude to this kind of cases in judicial practice we can see that marital property contract validity has been approved unanimously, however, it has not yet formed a unified opinion on its nature or evaluation of the validity.Besides the introduction and conclusion, this paper is divided into four parts :The first part is to ask questions. The portion in the form of bulletin is incorporated herein by case studies of real estate ownership of the object of the couple agreed, noting the need to solve the problem, first Marital nature of ownership of real property agreement, should be included in the scope of Marital Property System is recognized as a civil property donation agreement. Second is how to treat the real estate registration rule change "Property Law" and the "Marriage Law" in Marital "binding" in the relationship property regime internally, should apply the "Marriage Law" Article 19 of the convention which happened Changes of the Right effectiveness or change the rules applicable to the registration of real estate "Property law" green claims only effect. Finally, how to coordinate the presence of two laws "conflict."The second part is a couple of real estate ownership of convention theory considerations. This part analyzes the basic problems of real estate ownership of the couple agreed characteristics, the nature, effectiveness, etc., as discussed below, a clear direction. Real estate ownership of the couple agreed to have the status of traditional morality binding, autonomy and other features. Couple of real estate ownership of the agreement shall belong to the category Marital property regime, first of Marital not explicitly model legislation on legislative property system, it should be interpreted as a legislative model freestyle, followed by the theory advocated from the scope of the agreement, both true willingness angle of marital property system and marital difficulties settlor be distinguished not practical operability concluded that the couple agreed characterized as immovable property vested marital property system more conducive to protecting the interests of real property rights. The effectiveness of the couple agreed immovable property vested into the effectiveness of internal and foreign effect, which does not belong to the heirs third party property law sense.The third part is the home of real estate the couple agreed to consider legislation and Evaluation. This section introduces China’s "Property Law", "Marriage" and relevant judicial interpretation on the relevant provisions of the immovable property vested couple agreed. Thereafter, on the basis of the current legislation of our country makes some comments, that "marriage" and "Property Law" two laws on marital estate home agreement "conflict" is the legislative background, the difference difference values of time caused by pointed two law lags in convergence. In addition, China’s current legislative model legislation for Marital property system, marital property and gifts Marital Property System in the lack of clear distinction between the provisions of the difficulties caused by the qualitative practice of real estate ownership of husband and wife both agreed, in urgent need of clear legislation.The fourth part is a couple of real estate ownership of the agreed improvement of the system. Immovable property vested couple agreed on the effectiveness of internal legislation should adhere to weaken the role of marriage and family in the real estate registration system of internal validity, on the one hand the real property register only has the right to presumption of force, which does not necessarily represent the true ownership situation, "Property Law" It has been recognized during the legislation, on the other hand the real estate value of the external public Credit registration system to emphasize the role of marriage and family in the interior is not demonstrated. Immovable property vested in the Legislative couple agreed external effectiveness should be appropriately amended to establish the effectiveness of the registration in its external action instead of "third person to know," the abstract norms, both from the point of view of his country’s experience, or from our legal Situation analysis established this rule is feasible. In addition, from the practical needs and the principle of autonomy means perspective, freestyle legislative model can adapt to the development needs of marital property system, legislation should be clarified. Finally, the matrimonial property system into gift Marital Property System category, to achieve the purpose of marital property regime gift set is the best choice for handling the relationship between husband and wife through the Appointed Property System.