Research On Marriage Property Agreement Of Married Couples

The marriage agreement and the gift agreement of the husband and wife in the marriage originally belonged to different legal concepts and categories,and the two should not create a dilemma in the application of the law.However,in t he case where the meaning of the spouses is not clear,according to Article 19 of the Marriage Law and Article 6 of the Judicial Interpretation of the Marriage Law(C),the agreement on the ownership of marital property in a marriage may seem to be determined as the property agreed by the husband The contract can be judged as a gift contract.Different legal characterizations will result in different laws being applied,and they will also have different effects of law application.There are many controversies on this issue in the practical and theoretical circles.In essence,the crux of this kind of problems lies in the judicial practice’s inconsistent determination of the nature of the marriage agreement and the vagueness of the validity of the property agreement.The former manifests itself when the intention of the husband and wife is not clear,whether the property agreement of the husband and wife in the marriage should be characterized as a gift or the property contract of the husband and wife;,What it produces is the effect of real rights,or the effect of claims.Therefore,the research focus of this article is to determine the nature and effectiveness of the property ownership agreement for married couples.As far as the nature of the property ownership agreement for couples in marriage is concerned,the author thinks that it should normally be regarded as a property agreement contract between husband and wife unless the husband and wife expressly express it as a gift,for the following reasons: First,it is stipulated in Article 19 of China ’s Marriage Law The stipulated legislative model of spousal agreement property system is free style,which can cover all types of spouse property ownership agreement situations.Second,the value orientation of the Marriage Law lies in the balance of personal and social interests,and social interests have priority.The spousal agreement on the property system does not allow the giving party to arbitrarily revoke the agreement,which is conducive to maintaining the long-term stability of the marriage relationship and more in line with the value orientation of the Marriage Law.Third,the marital property agreement in the marriage does not belong to the custody property behavior,but belongs to the identity property behavior,and it is generally believed that the identity property behavior includes the husband and wife agreed property system contract.In terms of the effectiveness of the marriage ownership agreement for couples in the marriage,the author believes that they should acknowledge that they have the effect of property rights and belong to the mode of change of property rights of creditorism.The reasons are as follows: First,the relationship between marriage and family is different from that Property relations,which have more altruism,should pay attention to maintaining the long-term stability of marriage and family.It is precisely because of the special nature of the marriage and family relationship that this makes the property right change rules in the marriage property agreement of the husband and wife different from the ordinary property right change rules.Second,the agreement on the ownership of real estate for couples in marriage can be effected by the cha nge of property rights according to the intention of the husband and wife,which is similar to the rules that can be established from the time the easement contract enters into force,and the latter is a real right based on legal acts.The real right change mode which is changeable and belongs to creditorism.Third,the real right change model of creditorism has internal and external effects,which can quickly and conveniently effect real property changes between husbands and wives;in terms of external effects,when the third party in the transaction is "goodwill",the marriage The property agreement of the husband and wife’s real estate has no effect on the property rights of the third party,thus ensuring the security of the transaction.The effect of real right is not perfect,and it is unavoidable that the effect of real right will inevitably bring rigid effects of applicable effects.Therefore,from the perspective of interpretation theory,it is appropriate to introduce the principle of situational change to mitigate its effectiveness;from the perspective of improving the legislation of the marriage and family law,it is advisable to add a system for the revocation and change of the marriage agreement of couples in the future.At the same time,when designing the system,we must fully consider the duration of the marriage relationship and the contribution of the recipient to the family,so as to achieve a balance of interests between the husband and wife.