Research On The Law Application Of Marital Agreement On Property

At present,China's economic development is fast,and the corresponding income level of residents has also been improved accordingly.As a result,the relationship between husband and wife property is becoming more and more complex and diversified.With the continuous development of social economy,people gradually realize that both husband and wife can be independent civil subjects.The limitations of the legal matrimonial property system are gradually highlighted.In order to ensure that the freedom of "autonomy of will" can fully reflect the need,many couples tend to choose the way of property agreement on how to adjust the property relationship between husband and wife.However,the legislation based on this is still vague,and the property agreement between husband and wife is special,such as the identity attribute and the characteristics of free,which leads to the problem that the application of law can not be unified when the judge deals with such cases,and then the phenomenon of different judgments in the same case occurs frequently,which is more prominent in the cases involving the property agreement between husband and wife.Based on this,it is of great significance to study this issue from this perspective.China promulgated the Judicial Interpretation(3)of Marriage Law in 2011 and began to implement formally in judicial practice.The interpretation(3)stipulates the act of giving property between husband and wife.According to this provision,it is known that if one spouse gives his personal property to the other spouse,the provisions of Article 186 of the Contract Law can be applied,that is,the donator has arbitrariness to the act of giving property implemented by him or her.The right torevoke.This judicial interpretation has aroused the attention of the theoretical circles and there are different voices.One is whether the act is regarded as a gift act,the other is whether the act has legal effect,and the corresponding legal effect.When dealing with the problems in this field,Chinese scholars have focused on exploring which legislative model should be adopted in the system of contractual marital property,the nature of contractual marital property,the specific rules of law application,whether there is conflict between the principle of contractual marital property and the principle of publicity of property rights,etc.However,no unified understanding has been formed when dealing with these issues.The marriage law and judicial interpretation also have some conflicts in the application of laws.How to coordinate the application of relevant laws is the key.This article combines the case to study the legal application of marital property agreement,in order to provide reference for judicial practice to solve such.This paper focuses on the study of the legal application of the marital property agreement.In addition to the introduction and conclusion,a total of three parts are set up to discuss.The first part is an overview of the husband and wife property agreement.This paper analyzes the focus of case disputes by introducing typical cases for in-depth analysis.In this part,the concepts and classifications of the husband and wife property system and the husband and wife property agreement are introduced.At the same time,the corresponding issues such as the nature of the husband and wife property agreement and the application of the law are also explained.At present,China's relevant judicial practice and academic disagreement,it comes down to the identity contract theory and property contract theory,as well as the property rights contract theory and gift contract theory.The second part mainly analyzes the content of the contract between the husband and wife and the corresponding effectiveness.Obviously,for the husband and wife property agreement,the difference between it and the gift contract,the differences between judicial practice and doctrine,and the analysis of the specific law application,the meaning of the provisions of Article 6 of the Marriage Law Interpretation(3).The third part is mainly to analyze the impact of the marital property agreement on the change of the real estate right.There is no consensus on the validity of the marital property agreement in China.The agreement between the husband and the wife on the immovable property should be determined as a contract of matrimony property system.It is necessary to distinguish its effectiveness,that is,the difference between internal effectiveness and external effectiveness..Through the research,this paper believes that the marital property agreement can cause the change of the right of real estate,and then analyze the conditions that the marital property agreement can produce the effect of the property right change,and give the remedy way to the damage of the spouse who gives the real property.