A Study On The Transference Of Real Estate Rights In Marital Property Agreement

The marital property law is difficult and complicated,and the marital property agreement is an important part of the marital property system.In recent years,with the development of the market economy,the value of freedom of marriage has grown in the hearts of young men and women.More and more young people agree on the ownership of property before or after marriage,excluding the application of the statutory property system in the marital property system.Following this,the lawsuits about the ownership of the property due to the agreement between the husband and the wife continued to increase.Due to the coordination of the legal value and the system concept behind the agreement of the husband and wife and the practical dispute,the application of the norms and the reasoning of the judgment document were contradictory,Even the formation of conflicts,whether scholars,legislators or judicial officials,there are disputes and can not be reconciled between them,which is specifically manifested in the conflict of law application between Article 1065 and Article 209 of the Civil Code.Based on the background of the Civil Code,this article hopes to contribute to the reasonable explanation or the successful solution of many long-standing problems that have plagued theory and practice.This article is composed of five parts,the specific content is as follows:The first part is the introduction of this article,including the background and significance of the research on the husband and wife agreement system,the status quo of research at home and abroad,research ideas,research methods,innovations and deficiencies.In practice,different courts have different understandings and understandings of the legal nature and effectiveness of the agreement between husband and wife,leading to disputes over the legal effect of changes in real property rights in the property agreement between husband and wife,and directly causing different judgments in the same case in practice.In order to explore the reason behind the problem,this article analyzes the legal application of real estate change under contract from the theoretical point of view,in order to study the approach of the real estate right change mode under the marital property agreement.The second part is an overview of the property agreement of husband and wife and the change of real estate rights,mainly from its concept,characteristics,nature of behavior and other aspects.First of all,the concept of marital property agreement is clarified under the existing framework,the chaotic relationship between the gift and the husband and wife is sorted out,and the difference with the divorce property division agreement is clarified.The property agreement of the husband and wife is a property system concluded by the husband and wife.The purpose of the agreement excludes or changes the application of the statutory property system;the gift between husband and wife is a disposal of the ownership of specific property,which is a gift contract in nature;and the divorce agreement is for both parties to dissolve the marriage relationship on property,support,etc.Agreement.The conceptual nature of the three is fundamentally different,and they cannot be the same.The property agreement of husband and wife should be defined as an act of identity in nature,and an act of identity accompanying it.The third part is based on the current situation of my country’s legislation and justice to analyze and demonstrate the problems caused by the existing husband and wife property agreement.Put it in the mode determined by the agreement on the joint property of husband and wife under the Civil Code,and conduct research on the connection between legislation and practice.By consulting a large number of judicial cases,we can summarize the problems in judicial practice in cases of real estate disputes between husband and wife’s property agreement.First,the choice of legal basis is confused,and the second is the unclear understanding or disagreement about the interpretation of the law and the nature of the marital property agreement;It is a matter of the validity of the agreement on the property of the husband and wife to the third party.The fourth part is the change mode of real estate rights under the agreement of husband and wife’s property.Probing into the rules of change of property rights under the property agreement of husband and wife,starting from the basic theory of real property rights change,and analyzing the inadequacy of the property agreement of husband and wife in practice to the theory of property rights contract,the theory of direct law,and the theory of property rights change that is not due to legal acts.Changes in real property rights under a marital property agreement should be divided into general and special forms.Under the general form,creditor’s right formalism should be applied.The effect of marital property agreement is the effect of creditor’s rights.The general rules for changes in real property rights should be observed,and the publicity effective doctrine should be adopted.The unregistered counterparty only has the right to request to change the registration of real property and obtain the property right.Under special circumstances,when the husband and wife choose the general joint ownership system,they should choose to apply creditor’s right doctrine.In the case of the general joint ownership system,the agreement of the husband and wife shall be directly effective when the agreement is established,and the third party shall not be confronted without registration.The fifth part is the study of the rapport between the property agreement of husband and wife and the rules for the change of real property rights.The main reason is the effective time of the change of property rights under the two property rights change modes of the property agreement of husband and wife.The time for real estate registration under the formalism of creditor’s rights is the time for property rights changes.Under the creditor’s right doctrine,the property rights change occurs at the time agreed upon by the husband and wife,but the husband and wife conclude a property agreement and go through the change registration before marriage,but the marriage relationship between the husband and wife cannot be established.This is an agreement that should be regarded as a condition for termination.The focus is on the effect of changes in real property rights under the marital property agreement on two types of important third parties in practice.One is that the marital property agreement must not oppose the bona fide third party in the transaction;the second is that the marital property agreement does not enjoy civil rights that are sufficient to exclude compulsory execution.rights and interests.