Research On The Change Of Real Estate Rights Under The Desirability Of Couples

The legal effect of the real estate rights change is a key research content in the field of civil private law.According to the reasons for the real estate rights change,the real estate rights can be divided into real-law changes based on legal acts and non-law-based real estate products.The change of power,of which the change of real rights based on legal acts is the scientific result of the combination of the principle of autonomy of the will and the principles of public disclosure and public trust.Non-law-based changes in real right are the mandatory provisions of the direct provisions of law and the changes in real rights.Both are provisions on changes in real estate rights.In the field of marital and matrimonial relations,the issue involving changes in real property rights is also objective.However,how is the effect of the real property rights in the area of marriage and family changed,and what are the reasons and basis for the changes? Should the general civil and private law be changed in relation to real estate rights? The rule to solve such legal issues has become an urgent problem to be solved in the current judicial practice.The area of marriage and family has its own intrinsic features that are different from the general civil private law.In addition to the measure of value in this area that is different from the value measurement of civil private law in general,it is based on the dual nature of personal and property in the relationship between husband and wife,and the moral and ethical characteristics of marriage.And the impact of different factors such as the adjustment method of the property rights law of the creditor's rights,and the change of the real estate rights under the consensual relationship of the husband and wife should also follow the property law rules that can adapt to their particularity.Therefore,this article intends to start from the three manifestations of the conjugal property of husband and wife,through logical and semantic analysis,comparative research methods,and deductive reasoning methods to explore the change of real estate rights under the conjugal property of husband and wife,so as to find a way to solve these problems..This article is divided into the following four parts in addition to the introduction and conclusion:The first part is related to the theory of the change of real estate rights.This part mainly discusses the reason of the real property right's change and the theoretical basis and legislative status of the real property right's change under two kinds of changes.It attempts to discover the theoretical source of real estate right change from the perspective of deep theory.To provide a deep theoretical basis for the discussion of the change of the real estate rights under the husband and wife's consensual.The second part is about the husband and wife's consensuality involving changes in real estate rights.Mainly through the study of the husband and wife property contract,the consensual of the real estate gift between husband and wife,and the husband and wife divorce property division agreement,the three kinds of marital property consensual forms were studied separately,and their unique characteristics and mutual differences were discussed in depth.In order to deal with the change of real estate rights under the agreement of husband and wife,find a solution.The third part is the systematic analysis of the change of real estate rights under the consensual relationship between husband and wife.By comparing the differences between the internal property relationship of the spouses and the relationship between the external property of the spouses,this paper explores the special factors affecting the change of the real property rights of the spouses,and finds a solution to the problem of the legal validity of the change of the real property rights of spouses.This is specifically combined with the "focus on adjustment of property rights law or adjustment of creditor law","the dual nature of the relationship between husband and wife," "the ethical characteristics of husband-wife relationship," and "principle of disclosure and credibility of property rights." "The normative significance of the principle of self-governance" and the "adjustment of the value of internal and external property relations" and other aspects of the analysis of specific and systematic analysis,and then find out the husband and wife under the deal to deal with real estate rights changes in internal and external property relations,there are great differences,It is reasonable to conclude that the relationship between internal and external assets has become a criterion for dealing with them.The fourth part is the legal effect of the change of the real estate rights under the husband and wife.It is mainly based on the analysis of all the theoretical foundations above that the change of real estate rights under the conjugal property agreement is embodied in the real estate property contract in the husband and wife property contract,the real property right in the real estate gift between husband and wife,and the husband and wife divorce property.Divide the real estate rights in the agreement to change the three real estate rights changes,and specifically for each case of the legal effect of real estate rights change problems to find a scientific and reasonable solution.