Research On Marital Property Agreement

To exclude the application of the legal marital property system,the husband and wife enter into a contract following the contractual principles of equality and willingness to deal with the relationship of property between husbands and wives,which is the usual performance of spouse's contractual property system.In the system of marital property system, the legal property system and contractual property system are two corresponding and important systems. However,the Real Law which adjust the property relationship and the Marriage Law cross and overlap in many aspects in many aspects,such as determination the ownership of property and transformation of property,making it difficult to manage the application and convergence of the two laws in specific legal practice. In order to better safeguard the legitimate rights and interests of both sides of husband and wife and build the social security and stability of the economic environment,we must correctly sort out the relationship between these two laws.This paper takes the typical case of the Supreme People's Court as the research object and discusses the transformation of property right under the spouse's property agreement. The article is chiefly expounded through three respects:In the first part, the author briefly introduce the details of the case and court decision,including the question of the nature of the marital property agreement and applicable law of the case.In the second part, the author expounded the legal attributes of the marital property agreement and defined it as a kind of identity behavior and property behavior which can result in change of property right.In the third part, the author analyzed the related rules and explained in depth the difference of spouse's contractual property system in Marriage Law and regulations of real right alteration in Real Law to conclude legal contradictions of these two laws in the adjustment of marital property relationship. By discuss the cause of the contradictions,the author finally reach the verdict that it is better to apply Real Law rather than Marriage Law.Basing on this conclusion,the author discoursed the transformation mode of real property right arising from juristic act to define the effect of real right alteration determined by marital property agreement correctly.