| Under the current social background of high divorce rate and persistently high housing prices,disputes over Marital Housing Ownership Agreement are showing an upward trend.However,in judicial practice,the legal nature of the Marital Housing Ownership Agreement is not clear,and the phenomenon of different judgments in the same case is frequent,which is exaggerated by public opinion,and has lead to the alienation of the concept of marriage and family property.In judicial practice,disputes over Marital Housing Ownership Agreement mainly include three main types: “name addition”,“name reduction” and “name transformance”.The legal nature of the Marital Housing Ownership Agreement is shifted from the Marital Property Contract or the Gift Contract,and its legal application is also shifted from the Marriage and Family Law and the Contract Law and Property Law.The Marital Housing Ownership Agreement is essentially an integral part of the Marital Property Contract,and has the attributes of the general gift contract.However,based on the ethical characteristics of the marriage relationship,the relevant rules of the marriage and family law should be given priority to resolve these kinds of disputes.To solve the current judicial dilemma of the Marital Housing Ownership Agreement,the first is to advocate the return of the family-based legislative concept in the legislation of marriage and family;The second is to improve the legal provisions on the Contractual Property Regime,and to smooth the connection between the related systems of Contractual Property Regime and other laws and regulations;The third is to use the means of data science and technology to build and improve the supporting legal service infrastructure,and finally realize the unification of the application of law in disputes over the Marital Housing Ownership Agreement,maintain the stability of marriage and family relations,to protect and stimulate the social role of the family. |
