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Study On The Ownership Of Others' Investment In Housing After Marriage

Posted on:2020-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:H C PanFull Text:PDF
GTID:2416330590478445Subject:Law
Abstract/Summary:PDF Full Text Request
The rising and high housing prices have made it possible for parents to purchase all or part of their homes for their children.In addition,in addition to the fact that parents invest in housing for their children,there are other funders who contribute for different purposes.In the case of buying a house,this paper mainly studies the attribution of the purchase of a house by others after marriage.According to the difference of the main body of investment,the author divides the situation of other people's funds to buy houses after marriage.The first is that after the marriage,the parents contribute to buy the house for the children,the other is that the other close relatives outside the parents pay for the purchase of the house,and the third is the other funds other than the close relatives.People invest in housing,and think about the attribution of housing after the three different entities have invested in the house,Regarding the issue of the ownership of the parents'purchase of the house after marriage,Articles 17 and 18 of the Marriage Law and the Judicial Interpretation of the Marriage Law(2)Article 22,paragraph 2,and the Judicial Interpretation of the Marriage Law(3)Article 7 Provisions.The introduction of Article 7 of the Judicial Interpretation of the Marriage Law(3)is a supplement to the Marriage Law on the attribution of parental contributions to the purchase of children by parents,but due to the limitations of legislative techniques and the complex diversity of cases in judicial practice,This clause has been controversial since its promulgation,and it also exposes the problems of the law itself when solving practical problems.The disputes about the clause mainly include:the types of purchases covered are not comprehensive and there are contradictions when applicable,for "funding" The nature of the nature is not clear,the definition of the application of full or partial investment is not clear,and the meaning of the property registration is presumed to be unreasonable.Regarding the issue of the ownership of the relatives of the parents after the marriage and the other investors other than the close relatives after marriage,the relevant laws in China are not specified,and there are very few researchers.Therefore,the author's purpose is to further consider and study the issue of the ownership of the children after the marriage,and to introduce the purchase of the house by the close relatives of the parents and the other investors other than the close relatives after the marriage.The study of attribution issues,with a new idea to think about and discuss the ownership of the purchase of housing by others after marriage.This paper consists of four parts.The first part mainly introduces the topic of the article through the statement of the actual problems in practice,and summarizes the research status.The second part mainly summarizes the connotation,characteristics and types of others'purchases after marriage.In order to prepare for the later research;the third part combines the case analysis of China's current relevant laws and regulations,and analyzes the problems and shortcomings of the current relevant laws and regulations in solving disputes in this field through case analysis;the fourth part is mainly aimed at The problem mentioned above proposes the solution path and improvement suggestions for the ownership determination problem of others who purchase funds after marriage.
Keywords/Search Tags:Marriage Law, Judicial Interpretation, After Marriage, Funding By Others, Property ownership
PDF Full Text Request
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