Research On The Validity Of Real Property Right Alteration In Marital Property Agreement

In the modern economic society,the real estate disputes between husband and wife are involved.Due to the overlapping of different laws and the complicated factors of property agreement,other legal branches may also be involved.In judicial practice,the settlement of disputes should take into account the connection between different laws and apply relevant laws as a whole.This paper is from a judgment for breakthrough research "but",the exception provisions of the law,its core problem as mentioned in subject,by focusing on the analysis of the separation agreement nature,namely the burden of identity behavior and the identity of the accompanying behavior,behavior and disposition,distinguish the legal property system and agreed property system,from the legal nature of the marital property agreement,real estate property rights changes effect problem between the field and the law of the applicable law and legal problem carries on the detailed analysis,so as to avoid the judicial practice of different connection with the embarrassing situation of the verdict.Method of legal interpretation is used in this paper and through the comparative analysis of the real right change mode of typical countries,to understand the property law in our country's real estate real right change mode,illuminates the couple involved in real estate during the marriage contract is a kind of burden,the convention does not apply to the property law stipulated in article 9 clause "but",as long as both sides of husband and wife agreed legal and effective,and is legally binding on both sides of husband and wife,but for both the internal and external are not directly the effect of the change.As the real estate registration is a disposition,the beneficiary has the right to request the other party to register the property changes as agreed so as to acquire the ownership as soon as possible.