On The Effectiveness And Legal Consequences Of Matrimonial Property Agreement

All legislation show a selection process of legal interest protection,each sentence is an oath of value guardian,and every interpretation demonstrates an attempt to justice.In the current judicial system,the protection of the different legal interests presents the tendency of diversification,which also has blurred the original value.The value to protect marriage and family has been gradually weakened in the judicial interpretation of the marriage law,along with the closer to the contract law and the property law.Meanwhile,there is a significant difference in the identification of matrimonial property agreement,which has not built a more comprehensive interpretation and application system.This article intends to break through the current situation,trying to adopt a more pragmatic attitude to return,adhering to the principle of marriage in the interpretation,thinking of the measurement of legal interest,and finally shows a reflection of a new horizon.Matrimonial property disputes play an indispensable role in the social contradictions,and show a rising trend in the judicial practice year by year.In this article the author finds out that root of the contradiction is the validity of the matrimonial property agreement.It is generally agreed that the matrimonial property agreement is synonymous with agreement on spouses ' property,but the reality may not be the case.The matrimonial property agreement and within marriage(before marriage)gift often has the distinct connection with the given situation,which hasproduced a deviation,affecting the happiness of families and individuals,to the nature of these terms and conditions.The common practice in the matrimonial property agreement are as follows: the matrimonial property system agreement(contract,settlement),matrimonial property agreement,agreements on division of property,divorce agreement,other matrimonial property agreement(such as loyalty agreement,the empty bed fee agreement).Property has become the focus of such agreements that may generally refer as matrimonial property agreement.In this paper,different kinds of agreements will be sorted out by using the method of type.The author will take the time as the axis and the content as the auxiliary coordinate,carrying on the careful analysis from three stages of marriage,and try to distinguish between concepts and features to end cognitive confusion.On this basis,this article gives the definition of the "gift" of marriage and put forwards a new interpretation.In this article,the author thought that "gift" under certain conditions may not be "gift",but a price agreement.Interpretation from aspects such as the recognition of labor value,the protection of spouse and the compensation of marriage,we may admit that marriage is an agreement but not a system.In current practice,a small number of people have had taken the pre matrimonial property or gift clause,which is also in line with Chinese cultural traditions and social customs.Some experts even put forward that the application of the matrimonial property agreement should be restricted since lacking of social and economic conditions in the current stage.Then the paper discusses the effectiveness of matrimonial property agreement.At present,disputes focus on the convergence of marriage law and property law.Marriage law is considered as a special law traditionally,so is the alteration of matrimonial property.Before the enactment of the property law,there is no distinguish between creditor's rights and property rights.In line with the principle of special and protection,it can directly recognize the validity of the agreement,and it can also realize the effect of creditor's rights.Without considering the transaction and third party,the parties can obtain property which is just affirmed by the court of this agreement.The priority should be given to the protection of the owner in theconstruction of rights,which means the principle of marriage and family should be insisted in marriage law.From the above considerations,this article is arranged as follows:The first chapter provides an overview of the current judicial practice situation to show the cognizance of the trial courts of matrimonial property agreement,along with a brief analysis of the reasons for the cognitive errors clarify the problem.In the second chapter,the definition and types of the marital property agreements are discussed in order to figure out the characteristics of various agreements deeply.The third chapter focuses on the interpretation and analysis of so-called matrimonial gift clause,which is regarded as a price contract but not a real gift clause in author's view.The fourth chapter discusses the application of the law about the alteration of real property right in the matrimonial property agreement.Firstly the author sorts out the basic ideas in the academic circles and practice to clarify the focus of controversy,then reckons that the agreement can directly produce the validity of transference which has the final confrontation effectiveness except to the bona fide third party through legal action.The fifth chapter puts forward the solutions to the main problems in the matrimonial property agreement: firstly the contents of the agreement should be carefully standardized to avoid the current vague legislation;secondly the law should be refined in detain from the legislative view.The sixth chapter is a brief review and summary of the full text.