Talk About Press The House Property Ownership Person's Definition In The Divorce Case And The House Property Increase In Value Part Of Partitions

Divorce case to press the Jie house property ownership person of definition and house property increase in value part of partition problems and have no explicit rules, past theories field and judicial actual situation field to dispute a little bit greatly because of current law.In order to push the thorough research of that problem further, provide certain theories support for lawgiver and judicial actual situation field, this text tries to launch argument for that problem.This text can is divided into two big parts:First part from press concept, category and characteristic of Jie house property to speak of, the introduction registers system in the current house property under, divorce case have to define an ownership person who press the Jie house property, in the meantime according to divorce whether obtain ownership, is premarital or obtain ownership etc. after getting married, press the Jie house property each appearance of place while analyzing a divorce, set out from these appearances that press the Jie house property the place after, define different appearance respectively under of juridical and actual ownership person;Second part at one part definition ownership the person's foundation up, analytical different ownership human feelings condition under of house property's saving a continuous period to increase in value part in the marriage should or should not partition, and mainly aim at not to possess proprietorship of a square paid to definitely press the Jie style or affirm for the husband and wife common property after getting married but premarital a square paid head payment, under these two kinds of circumstances of the amount of money property affirms and that amount of money carries on argument to the function that the house property increases in value, finally according to actual situation fielding the partition should part of methods for increasing in value the method of style, putting forward the partition that the writer thinks fairer reasonable.Writer while discussing this text standpoint, also one by one to Supreme People's Court of《marriage method the judicatory explain three preliminary drafts》Article 13 and deluxe court of the people in Shanghai City, deluxe court of the people, province deluxe people of Guangdong and Shenzhen City Intermediate People's Court judgment meeting in Jiangsu province Ji want to press the Jie house property ownership in the concerning divorce case a defining of person and increase in value part of partition rules to carry on system analysis argument.Is more some standpoints that have a representative to the theories field, this text also carried on analysis.For press the Jie house property ownership person's definition while divorcing, the standpoint of writer mainly was following four point of:1, for is pressed the Jie by premarital square and paid all amount of money, but the obtaining of house property ownership saves a continuous period in the marriage, and registers at premarital under 1 of press the Jie house property, the writer thinks the ownership factitiousness is premarital a square;2, is pressed the Jie by premarital square and paid head payment etc., at premarital obtain and registered one square's name, although the husband and wife compensated part to press the Jie style together after getting married, ownership factitiousness register of premarital a square;3, is pressed the Jie by premarital square and paid head payment etc., and the husband and wife compensated together after getting married the part presses the Jie styles, but ownership of obtain after matrimony, although the house property certificate registers for one square's name,that house property should affirm for the husband and wife to totally have at this time;4, for obtain ownership after getting married, the house property is pressed the Jie after getting married by both parties and compensated all house property of pressing the Jie style, ownership artificial husband and wife both parties.In finishing defining ownership the person's foundation being according to the Jie house property, the writer combines the lawmaking standpoint of theories field, judicial actual situation field and abroad and presses the Jie styles or pays from a square liquidation a payment obtains to the house property, the house property increase in value of essence etc. of contribution and marital relationship set out, the analysis thought to pay to definitely press the Jie style or affirm for the husband and wife common property to a square that don't possess ownership after getting married but premarital a square paid a head to pay two kinds of circumstances under of amount of money, should increase in value with the increasing in value of house property as well, and while divorcing not only need to divide the principal of that amount of money, and increase in value part should as well partition.Finally, the writer aims at these two kinds of circumstances and put forward from think to a little bit reasonablely increase in value part partition a method.