Analysis Of The Judgment Of The Divorce Property Divison Agreement In Civil Execution

In real life,some couples transfer the ownership of the property registered under the name of one party to the other party through divorce agreement at the time of divorce.Due to lack of legal awareness,the other party has long-term possession of real estate,but has not gone to the real estate registration authority.Transfer registration,during which the creditor(application executor)of the transferor may enforce the property registered under the name of the transferor as the subject matter of its sole responsibility,and the other party will file the matter as an outsider.Execution of an objection."The case of Zhongmou and Wang Mou and Lin Mou's case of dissenting foreigners is a typical case of a foreigner who deals with real estate to execute an objection.Whether the substantive rights obtained by the offender due to the divorce agreement can prevent enforcement is the core of the case.According to the current provisions of the Property Law on the entry into force of the registration of changes in real property rights,the divorce agreement stipulates that the immovable property belongs to the legal act.Without registration,it cannot directly lead to the change of the real estate right.The outsider cannot obtain the ownership of the real property involved,and cannot be excluded from execution..The divorce agreement is placed under the perspective of customizing the property in marriage,and it is considered as "an additional provision of the law" together with the change of the non-moving property rights based on legal acts,that is,the authority that may affect the registration of real estate rights.The divorce agreement itself has a very strong personal attribute,which is very different from the legal behavior caused by commercial behavior in general.In addition to adjusting the ownership,the divorce agreement has a certain personality characteristics,including the relationship of marriage.Relief for the weaker side.Therefore,without prejudice to the integrity of the real estate registration system,through the comparison of the rights between the real rights holder and the application executor,from the analysis of the entity rights,the source of the source,the evaluation of the rights,and the maliciousness of the outsiders,it is found that The difference between the two can better protect the rights and interests of real rights holders.