Research On The Effect And Model Of The Change Of Real Right In Marital Property Agreement

Research on the effect and model of the change of real right in marital property agreement could be able to ascertain the ownership of marital property and guarantee the family stabilization.The revised Marriage Law has always caused the public concerns and accompanied by some social events.More and more people are going to add name in Housing Registration since the Third interpretation of Marriage Law was introduced.This shows that people gives enough attention to the ownership of marital property.In judgement,marital property agreement should apply to whether Marriage Law or other property law is actually the problem of whether insisting there is no change of real right,or accepting the change of real right in marital property agreement.The "split" in the opinions on the same judgement undermines our judicial authority.The property right will have great effects on protecting third-party's interest.Identify the change of real right in marital property agreement is a pressing problem on the application of law.The codification of Civil Law Code in our country has boot up.The ultimate goal is no discrepancy between Marriage Law and Property Law.The point of departure in this article is how to differentiate the feature of marital property agreement and bestowal.The article shows that the effect of real right change belongs to obligatory right will.The real right change will take effect as the same time with marital property agreement.Marriage Law belongs to ordinary law and Property Law belongs to special law.Therefore,it should be clearly stipulated both marital property agreement has effect of the change of real right in Marriage Law and the effect of real right change belongs to obligatory right will in Property Law.