The Validity Research Of The Agreement On Housing Ownership Between Husband And Wife

House means money and it plays an important role in a family as a place to live.The agreement on housing ownership between husband and wife usually depends on the expectation of the transferor to maintain a happy marriage and family life together with the transferee.This agreement is not just a property contract;it bonds with the marriage.The couple can make agreements based on autonomy of will and the form of these agreements is also various.One party can give his house to another for free or shares the ownership of the house with his wife;he can give all his share of the real estate jointly owned by them to his wife or they can make an agreement to change their original share of this house.There are completely different judgments in judicial practice when it comes to the application of the law.These agreements,some are defined as marital property agreements according to the article 19 of the Marriage Law;some are defined as agreements on division of property within marriage;some are defined as gift contracts according to the article 186 of the Contract Law.Some judges think the different types of agreements should be defined differently.The academic circles also debated the qualitative and validity of the couple's housing ownership agreement: Some scholars believe that the couple's housing ownership agreement is a purely property contract.Of course,the provisions of the Contract Law can be applied,and the arbitrary revocation right also can be applied;some scholars believe that the agreement is an accessory status act,its effectiveness can't against the effectiveness of identity behavior.The Marriage Law is a special law,the agreementcannot apply the Contract Law;Some scholars believe that the agreement is a special gift,excluding the application of arbitrary revocation rights,statutory cancellation rights and provisions of the Contract Law can be applied.Different application of law results in different legal consequence as to the revocation of the agreement and the creation of real estate right etc.It leads to heated arguments in theoretical circle.The first part of this paper limits the discussion to two types: one gives his own house to his partner for free and one gives some share of the house to another.The first part,through four cases,mainly introduces the disputes arising from judicial practice.Combined with the current judicial practice,we'll analyze the reason why there are different opinions to define these agreements.In the second part,this paper compares the real estate agreement between husband and wife with the gift contract and the agreements on division of property within marriage.This paper argues that the agreements on housing ownership between husband and wife are not conditional gifts or gifts with purposes or gifts with moral obligations.The arbitrary revocation right,statutory revocation right and the right of defense in poverty can't be applied.These agreements have special characteristics and they have their own reasons to be revoked.They are also different from the agreements on division of property within marriage.In the third part,this paper holds the view that the marital property system in our country is not a type with limited choices.The spouse can make agreements based on autonomy of will.The agreement on housing ownership between husband and wife fits the nature of the marital agreement.The fourth part discusses which pattern of the real rights alteration the marital agreement takes and what external effectiveness this agreement causes.This paper holds the view that this marital agreement changes the real right based on the spouse's legal action.The pattern it takes to alter the real rights is autonomy of the will which can transfer the ownership of the house without the publicity procedure.This internal agreement doesn't have an external effect to against the good faith acquisition without the publicity procedure,but it can against the heirs and it allows the creditor to revoke this agreement without proving that the transferee is malicious,etc.