Research On Relationshipsof Agreement On Marital Property And The Change Of Real Estate Property Rights

With the amount and value of family property increasing,especially in house and other real estates,about which more and more disputes arise in marriages.The contract spirit is deeply into the human mind,so couples prefer to making marital property agreement to determine the real estate ownership.However,according to the provisions of the Property Law,the change of the real estate property often subjects to the register of the real estate property rights.That causes conflicts between marital property agreement and the register of the real estate property rights.Therefore,the paper stresses on dealing with the case in which the change of real estate property is in accordance with the agreement and researching the circumstances under which the agreement could breach the register.The paper takes the case of statutory succession dispute between Tang and the defendant Lee and Tang Mouyi as example,adopts the functions of case analysis and comparative analysis,focuses on the conflicts between marital property agreement and the register of real estate property rights,conducts an logic reasoning on validity and invalidity of the marital property agreement and the register of real estate property rights,discusses their relationships and analyze other circumstances.The paper is divided into four parts.The first part introduces the facts,the controversy,and the decision in the case of statutory succession dispute between Tang and the defendant Lee and Tang Mouyi.The second part describes the concept,types,and legal force of marital property agreement.The third part states presumption validity,the credibility,and the reverse of the register.The last part demonstrates the relationship between marital property agreement and the change of real estate property rights,and on the basis of this argument analyzes which one could be prior to adapt in real cases.