Change Of Property Rights Of Real Property Under The Matrimonial Property System Contract

Real estate is an important asset that forms the basis of the family's economy.Many marriage parties choose to adjust real estate ownership by agreement prior to or after marriage.In practice,the types of husband and wife property that are common in common practice include contractual,contributive and property-partitioning agreements for the husband and wife property.Based on the special trust generated by the husband-wife relationship,most marriage parties did not actively handle the ownership registration after the appointment.When the real estate agreed upon was punished by one party,the ownership of the real estate was often the focus of the parties' dispute,and the legal effect of the contractual agreement was clearly resolved as a dispute settlement.key.The husband and wife property system contract as a substitute for the legal property system,adjust the legal method of marital property relations,whether it has the direct effect of transfer of property rights,the academic community is still controversial,the attitude of judicial practice is ambiguous.When the validity of the contract is not clear,it is contrary to the scholar's understanding of the existence of the contract itself.The gift and property division agreement between husband and wife is considered to be a situation of the contract of the husband and the wife property system,which makes the contract under the contract.The problem of real estate rights change has become more complicated.The husband and wife property contract is based on the establishment of a property system.The purpose of the contract is to relocate the scope of common property and personal property through general general adjustment of the husband and wife property relationship.The change of property rights caused by the contract is the result of mutual negotiation between spouses.It is no doubt that the change of property rights based on legal acts is undoubted.However,as an expression of the stipulated property system,it together with the statutory property system constitutes the organic whole of the marital property system in China.The legal effects produced by the persons should not differ.Compared with the registration effectiveism,it is more appropriate to adopt registration confrontationism to adjust the real estate rights change under the marital property system contract.For husband and wife,recognizing that the entry into force of the contract has the direct effect of changing the real estate rights,it is beneficial to maintaining the marriage relationship.Harmony,to achieve the social functions of the contract,externally can register the credibility and goodwill acquisition system to ensure the realization of the interests of third parties.