Study On The Nature And Legal Application Of Real Estate Agreement Between Husband And Wife

Real estate is significant in the field of marriage and family,on the one hand,it is almost the necessities of all marriages,is the representative of the economic foundation of the family,bearing the sense of security and belonging to everyone in the family.With the development of China's economy,whether the First-tier cities or Second-tier cities,the continuous increase of house prices gradually become the highest value of most family property,which inevitably leads to the agreement between the real estate share and ownership.Due to the imperfection of the original legal system and the Ill of additional judicial interpretation,leading to the treatment of the real estate agreement between husband and wife in practice,similar cases resulted in different judgments due to the different law of judges.To study the nature and legal application of the matrimonial real estate agreement,to improve the relationship between the marital property ownership,help to the judicial trial and increase the legal social identity,more conducive to clarify the value orientation of marriage legislation,balance individual interests and family interests.Through the analysis of the cases of real estate agreement between husband and wife,through the discussion of the nature of the husband and wife,draw a distinction between husband and wife property rights and gifts between husband and wife,not only found the law applicable confusion,but also the legal application of the couple.Around the idea of putting forward questions,analyzing problems and solving problems,this paper consists of five parts.In the first part,the author through the comparison of two cases,found that there is different phenomenon of the same case in the dispute between husband and wife.The author believes that the reason is" the couple gifts",resulting in the practice of the real estate contractual nature and legal application of the dispute,and the author believe that the real estate share as the sharing of gifts and marital property is not appropriate,the above problem to determine the nature of the couple.The second part,the author analyzes the characteristics of the husband and wife real estate agreement,the legal evolution of the couple's real estate agreed to pave the way for the nature of the conjugal agreement below.In the third part,after the discussion of the nature of the matrimonial real estate,the author draws the conclusion:the behavior of the agreement between husband and wife can establish gift contract,but the restriction of marital property is more universal.The division of the gift between husband and wife and the property of husband and wife shall comply with the intent of the parties.In the fourth part,I discuss why the practice often makes the contract of the couple's real estate as a gift contract,and agreed that the procedure of real property right can be revoked according to the contract law.The reason is that the marital property agreement is the property act should be regulated by" property law" and" contract law",the second is that the marriage law should apply the same property right adjustment rule in the marital real estate agreement.The author refutes the above viewpoints,and obtains that the marital property agreement belongs to identity behavior,should be regulated by the marriage law,and do not need to perform the procedure of changing the property right.The fifth part,the author combined with foreign advanced experience,established to solve the value orientation of husband and wife property agreement,put forward to distinguish the various types of standard of husband and wife property agreement,but the reality are extremely hard to find a couple to conclude purpose,mechanical use standards may lead to unreasonable results So the author respectively from consummate marital property legislation,to coordinate the property law and the application of the marriage law in the real estate contract legal problems,using the judge discretion three angles to solve such problems in our country puts forward the improvement methods In order to better solve such problems,maintain fairness and justice of law.