Research On The Law Application Of Marital Agreement On Housing Property

In order to implement the Marriage Law and relevant laws better,the Supreme People's Court has passed the Interpretation of Several Issues concerning the Application of the Marriage Law of the People's Republic of China(3)in 2011.Represented by the provisions of Article VI,the grant contract in "Contract Law" is applied to the marital grant act that one people grant spouse housing property.After this judicial interpretation was promulgated,it not only eliminates the differences in the current judicial practice circles.Some experts think that the theoretical and judicial practice circles.Some experts think that the ownership variation of real estates is a grant contract,and Article VI is in line with the trend of the "Marriage Law" returning to civil law.However,the other scholars hold opposing opinions that the ownership variation of real estates is marital property agreement,which Article 19 of the "Marriage Law"apply to.Therefore,different judgements on the same cases appear frequently in juridical practice with the different opinions mentioned above,which not only brings uncertainty to the rights and obligations of couples,unhelpful to the protection of the marital property,but also not conform to the legislative value of the relative law of our country.The research on the character of the real estates' ownership variation and applicability in judicial practice have profound meaning.In this paper,it includes on the following proposes:In the first part,the reasons for different judgments in the same case is analyzed in comparison with differences in the real cases in judicial practice.Two issues are pointed out—the character of the real estates' ownership and effect of real right in the real estates' ownership variation.In the second part,the character of the real estates' ownership is analyzed in aspects of both grant contract and marital property agreement.First,the opinion of applying the grant contract is discussed and pointed out its defects.Secondly,the differences between grant contract and marital property agreement are pointed out.Finally,the author's own view is pointed out,the scope that the marital agreement on housing property belongs to the marital property agreement if parties have no grant of meaning.In the third part,real right alteration,caused by marital property agreement directly,is analyzed in aspects of positive theory and negative theory.From the aspect of property right registration system,author shows the internal and external difference in real right alteration.In the fourth part,the standard of the real estates' ownership is concluded,which is also used to judge the cases mentioned in this paper.Some relevant legislative proposals about the perfect present marital property agreement are pointed out.