Research On The Conflict Between Marital Property System And Public Summons Of Real Right

With the development of China's economy and the needs of people's daily life,people pay more and more attention to the acquisition system of property rights in the marital property system.However,the provisions on acquisition of property rights in the marital property system stipulated in China's Marriage Law are not consistent with those in the real property publicity system in the Property Law,which leads to conflicts and problems in the application of law in judicial practice.This article will mainly discuss the legal conflicts between the marital property system and the real right publicity system,the causes of the legal conflicts between the two systems,and the ways to further solve the conflicts between the two systems,hoping to play a certain role in resolving the disputes arising from the ownership of marital property in judicial practice.The main body of this paper can be divided into four parts.The first part is an overview of the conflict between the marital property agreement system and the real right publicity system.It briefly summarizes the content and development history of the current marital property agreement system in China,as well as the concept and content of the real right publicity system in China.The second part mainly talks about the manifestation and causes of the conflict between the property system agreed upon by husband and wife and the system of publicity of property rights.In the third part,China mainly talks about the theoretical disputes between domestic and foreign scholars on resolving the conflicts between the two,which are divided into the existing domestic theories on resolving the conflicts between the two and the existing theories on resolving the conflicts between the two.The fourth part talks about the overall thinking of coordinating the conflict between the marital property agreement system and the real right publicity system.First,the conflict between the two systems is analyzed from the legal point of view.Secondly,the methods of coordinating the conflict between the marital property agreement system and the real right publicity system are elaborated.This paper mainly uses the way of reading the literature to study the thesis.Through the way of literature research at home and abroad,the conflict between the marital property system and the real right publicity system is analyzed,and finally a conclusion is drawn.This paper holds that the main reason for the conflict between the contractual property system of husband and wife and the publicity system of property rights is that the connection between the two systems in legislation can be solved through legislative perfection and judicial interpretation.