Research On The Effectiveness Of Marital Property Division Agreement

With the change of marriage and family relationship and the continuous accumulation of family wealth,the agreed property system and the legal property system stipulated in the Marriage Law have been unable to meet the needs of the change of family relationship.At present,women's status in marriage and family is constantly improving,especially their contribution to family property is increasing,and their initiative in the distribution of family property is also increasingly strengthened.Therefore,on the basis of consensus,the husband and wife through the signing of marital property division agreement to distribute family property phenomenon gradually increased.In judicial practice,there are more and more disputes on the important points such as the dissolution of marriage or the beginning of inheritance.Although the law of our country does not directly stipulate the rules of property division within marriage,but according to the relevant provisions of the Marriage Law of our country,the agreement of property division within marriage is allowed,and the relevant agreement can have legal effect.The same conclusion can be drawn from article 1065 of the newly promulgated Civil Code.But in theory,there are still some disputes about the signing,nature and effectiveness of the property division agreement within marriage.In legal practice,there are still different judgments on the same case,and different understandings on the protection of the interests of the third party and the maintenance of social stability and transaction security.This leads to theoretically the signing subject of the marital property division agreement,the legal characteristics,the validity of the determination and even under what circumstances constitute the limitation of the validity or the marital property division agreement invalid from the beginning,and other issues are still in dispute.In judicial practice,although there are different judgments of the same case,most courts tend to determine its effectiveness,but in the aspects of the protection of the interests of the third party in good faith and the protection of public interests,the judgment on the restrictive conditions and nature is different.Considering that the marital property division agreement adjusts the marital and family property relationship,the family,as the basic unit of the society,has a profound influence on the whole civil legal system.Therefore,it is necessary to further explore the nature,legal characteristics,validity recognition and proper limitation of marital property division agreement,so as to provide a uniform standard for judicial adjudication.Especially in the judicial system reform under the background of the current housekeeping,regarding the validity of the marital family property division agreement identifying and the effect of changes in property rights,not only affect the marital family property division agreement this particular problem,even for the development of the whole family trial system is perfect,also has very important guiding significance.In order to carry out a relatively in-depth study on the issues related to the marital property division agreement,this paper discusses the conclusion and effectiveness of the marital property division agreement,especially the effectiveness of the third party,in addition,further attempts to discuss the factors and reasons that should be limited to the validity of the marital property division agreement.On this basis,it is proposed that the marital property division agreement should be regarded as a kind of property distribution agreement,which is different from the agreed property system and does not belong to the category of gift.In terms of the validity determination of marital property division agreement,the general recognition of its validity and the effect of real right alteration is not in line with the requirements of the "property law" on the formal elements of real right alteration,and may also damage the legitimate interests of bona fide third parties.Especially for the husband and wife,the malicious circumvention to transfer the husband and wife's joint property through the marital property division agreement is difficult to play a restrictive role,or even cause bad guidance.Therefore,according to the existing legislative logic,legal practice experience and theoretical research results,we should follow the idea of "dual system" of marital property division agreement,and discuss the internal and external effectiveness respectively.In the determination of internal effectiveness,the principle of "agreement" of civil juristic ACTS is effective;in the determination of external effectiveness,the principle of not damaging the social public interests is followed,and the effect of real right alteration is negatively determined.In so doing,both to respect the autonomy of the parties in the largest extent,by the will of the parties to distinguish the ownership of the family property,admits that marriage property ownership specialization demand and arrangement,at the same time,also for a long time of the habit of common property system of husband and wife and trust,and respect as much as possible,such as the property law,basic rules of intellectual property law and other laws.