An Empirical Analysis Of Judicial Adjudication Of The Couple’s Real Estate Agreement

The agreement on real estate between husband and wife has not reached a consensus in academic circles and judicial practice circles.Theoretically,some scholars believe that a couple’s real estate agreement more emphasize personal relationship and should first be adjusted by the Marriage and Family Code in the Civil Code.Under the articles,property rights take effect directly,and it cannot be revoked even if the ownership has not been transferred.Another part of scholars analyzed the property attributes agreed upon by husband and wife’s real estate and the coherence of the entire civil law system.In court judgments,different judgments often appear in the same case.In view of the major differences in the theory and practice of husband and wife’s real estate agreement,the author has conducted an empirical analysis of relevant cases in the past five years.In this article,the author searched through the combination of key words and set the cause of the case,obtained relevant cases,and then screened them.Finally,61 cases were obtained and a case database was established,so we can find that the consensus of the court and the still existing disputes by researching the cases in the case database from different perspectives.There are 7 types of property changes for couples in the database.The author summarizes them into 4 types,namely,the property is fully owned by one party and changes between the two parties by shares,the property is shared by both parties,and the property is fully owned by one party,and the property is shared by both parties,and changes between the two parties are shared by shares,between one party’s complete ownership and the other party’s complete ownership.Through analyzing the judgment,the author found that the focus of disputes in this type of case mainly lies in the determination of the nature of the agreement involved and whether the agreement can be revoked.In different situations of real estate changes,the court’s judgments on the focus of the above disputes show certain rules.Generally speaking,the real estate changes between one party’s complete ownership and the two parties’ shareholding,and one party’s complete ownership and the other’s complete ownership.Circumstances,the probability of being recognized as a gift contract by the agreement involved is higher,and the possibility of being cancelled is greater;while in the case of the other two types of real estate changes,the possibility of being recognized as a husband and wife’s property agreement is higher,and there is a great probability.The agreement will not be revoked.However,the new judicial interpretation has made substantial changes to Article 6 of the "Judicial Interpretation of the Marriage Law(3)",which will have a greater impact on subsequent judicial trials.Both the court and the parties should pay attention to and take certain measures.This paper can be divided into four parts.The first part is an overview of the legal issues related to the couple’s real estate agreement,including the status quo of the legislation of the couple’s real estate agreement,the application of law,the situation and characteristics,etc.The second part is the empirical data of the couple’s real estate agreement.The relevant cases of the couple’s real estate agreement concluded in the five years from 2016 to 2020 are searched to form a sample database,and the samples in the sample database are sorted out.The number of cases changes year by year,The court analyzed several aspects such as the identification of the nature of the agreement involved,the approval rate of the revocation of the gift,and the relevant legal provisions on which the judgment was based.The third part is a theoretical analysis of the real estate gift of husband and wife,the adjustment scope of the husband and wife agreed property system and the corresponding legal consequences.The nature of the most controversial agreement is determined and whether the agreement can be revoked.After summarizing the corresponding views of the court,Analyze the inner jurisprudence of these views.Finally,with regard to the actual problems existing between husbands and wives in the society,combined with the current legislative and judicial status quo,I will give some suggestions on the matters of husband and wife real estate agreement.