Research On The Real Right Change Of The Real Estate Agreement Between Husband And Wife Under The Agreed Property System

In recent years,there has been a lot of concern about the decision of the husband and wife about the ownership of real estate.Because "marriage law" and "property law" has the provisions relating to the specification of husband and wife property relationship,because there are rules for both husband and wife property relationship conflict and overlap,cross,leads to the difficulties as well.Plus for the validity of couple's agreed property,there are many theories in nature,not form a unified theory applicable,in judicial practice,often appear different connection with the situation there.Therefore,the author to explore the couple agreed to "marriage law" and "property law" on the effectiveness of the real estate deal of different provisions as a starting point,analysis of the "marriage law" and "property law" in the real estate ownership agreement conflicts of paradox,and to explore the reason of its existence,to coordinate the two laws apply,cohesion,to better solve the real estate under the system of couple's agreed property agreement for the related problems of the research.The first part consists of the first chapter.Firstly,the article takes the case of "the supreme people's court bulletin" as the clue,and the main problem that the author wants to discuss and solve is: to clarify the validity of the real estate agreement under the agreement of the couple.In the case,the court of first instance believes that couples should abide by the principle of public disclosure of property law;The court of second instance considers that the husband and wife agree to the property system of course,the property rights change effect,no need to carry out the public display means.For under between husband and wife agreed property,whether real right change should apply the principle of the property law of the public or the effectiveness of the real right change of husband and wife property agreement directly,then ask us to clarify the effectiveness of the agreed property system of husband and wife property agreement problem.The second part consists of two and three chapters.Through the analysis of the property law and the "marriage law" the contradiction and conflict of marital property regulation,it is concluded that only using the "special law is superior to the general law" and "the law is superior to the old method of" point of view,to one-sided concluded that husband and wife agreed property agreement should be use to adjust the "property law" or "marriage law",it is not reasonable conclusion.Reason should be in understanding the basic theory system of couple's agreed property,after further analysis on the nature of couple's agreed property in academic and practical circles there is real right contract,gift contract,identity contract,property behavior said four theories,the author views in favor of the identity of contract said.Moreover,it is proposed that the real estate agreement under the marital agreement should distinguish the internal and external effects.The third part consists of the fourth chapter.This paper analyzes the similar concept of husband and wife property agreement,in order to better judge the validity of the real estate agreement from the perspective of judicial practice.Because according to the existing theory of husband and wife agreement,in the judicial practice,the judges can not agree on the validity of the real estate agreement.The judges often confuse the couple with the real estate agreement,the couple's gift contract and the divorce property division agreement,which leads to the great controversy.Therefore,this paper makes a distinction between them.Part four,chapter five.According to the problems found in this paper,the author puts forward some Suggestions to improve the real estate contract system.