The Validity Of The Agreement On The Real Property Between Couples And The Change Of Property Rights

In the field of matrimonial property relations,the issue of immovable property is vital.Both spouses agree on real property change by signing a property agreement,however,because of various reasons,the registration is not always in time.As a result,there will be conflicts between the rights of third parties other than the couples and the rights of the owner of the real property.In the trial,the courts judge the nature of the agreement on the division of property between couples,whether there was a change in property rights and its basis,and the external effect with different standards.So there will be "different judgments in the similar case" and "same judgments with different reasons ".In view of the current situation of the agreement between husband and wife on the ownership of real estate,this article is based on judicial practice and tries to answer the questions of the effect of the agreement between couples on the real estate,whether the property rights can be changed without real estate change registration,and whether it is involved the issue of weighing the interests of third parties.The introduction introduces where the problems come from and the current academic theory on the nature and effect of the agreements between couples on the real estate,as well as the mode of property rights change.The first chapter introduces the conflicts between the legislative and theoretical perspectives on the change of property rights of spouses’ agreement on the ownership of immovable property in the absence of publicity.The second chapter distinguishes between the four types of agreements between spouses on the immovable property,according to different contents,and distinguishes between the types of agreements that should be regulated by the "gift relationship" and the types of agreements that should be regulated by the contractual property regime.Then defining the scope of this article as the types of agreements between spouses on the immovable property that are regulated by the contractual property regime.The third chapter collects cases concerning the agreement on the attribution of immovable property based on the study,,taking the dispute over the agreement on the property of the spouses as the basis,and distills the practical issues involved in the agreement on the attribution of immovable property of the spouses in judicial practice,namely whether the agreement on the attribution of immovable property between the spouses can produce a change of property rights and its relationship with the publicity system;and the question of the type of third parties against whom the agreement is non-confrontational in practice.The fourth chapter explores the possible ways in which agreements between couples on the immovable property can cause a change in property rights,taking into account the existing legal framework and theoretical doctrines,in light of the problems identified in practice.The fifth chapter delineates the scope of third parties against whom the agreement cannot be confronted without publicity,and discusses whether the different types of rights claimed by the third party are all antagonistic.The concluding section provides an overall summary of the problems and points discussed in the article.