Effect Analysis And Dispute Settlement Of Divorce Property Division Agreement

When a husband and wife are divorced,they are bound to deal with the property.Usually,both parties agree that the property is owned by one party.After the divorce,for a variety of reasons the situation that the legal owner of the property has not changed for many years has been widespread.Therefore,it is very easy to cause a dispute between the third party creditor and the husband and wife.Due to related disputes involving the marriage law,property law and contract law and other civil law,the judge at the trial of such disputes showed different applicable law ideas,leading to "different connection with the sentence".From the people's court's judicial practice,this paper extracted the relevant dispute resolution of problems,from the theoretical insight into the effectiveness of the property division agreement,illustrates the common objects segmentation the nature of the right of disposition,detailed analysis of creditor's rights,property rights,property division agreement legal relationship,divorce property division agreement belong to the category of divorce liquidation,nature of the real right contract,directly to the real right change of the legal consequences,can against divorce registration in the name of the person's creditors.The first part introduces the people's court in the trial execution objection related disputes couples divorce property division agreement and have no personal creditors against registration name for the four different types of determination and handling,and briefly introduces the academic division of property in divorce agreement effectiveness,a total of object segmentation,the right of the real right change mode of different views,and summed up the ten questions about dispute resolution to explain to you.The second part analyses of the split right of disposition nature,review the "right of formation" and "right" that thought it ignores the Shared ownership structure,its reason for misconduct.The third part,for a total of object segmentation for creditor's rights and legal relations are discussed in this paper,made clear the system based on the nature of the real right change of legal behavior,and analysis shows that the two of creditor's rights and how to pay off,argument and denied claims of priority.Body of the fourth part,in view of the total of legal relationship in the realty register property right to split property right can affect and the change of real right conditions and against a third party in terms of theoretical analysis,the scope of that marriage and family law field of real estate property rights changes actually exist registration requirement exception,namely the registration counter.On property division agreement "donative children" the brief analysis of the relationship between law and judicial practice is discussed in the "gift contract says" "contract for the benefit of the third person" and"divorce settlement agreement" and explain the reason of its direct changes in the real right.The fifth part,put forward a divorce property division agreement execution objection disputes cases,think that should be distinguished in the creditor's rights and property rights on the basis of the correct application of law,guard against malicious defaulted behavior,protect the legitimate rights and interests of the parties.