The Legal Validity Of The Real Estate Registration In The Judicial Interpretation (â…¢) Of The Marriage Law

With the rapid development of society and economy in China, every citizen has accumulated more wealth, and that wealth brings more disputes. In recent years, the number of cases concerning marriage and family dispute increased year by year, and most of them were about property, especially about the real estate. The real estate is not only a very important part of maintaining the relationship of marriage and family, but also the carrier of marriage and family existence. The problem of the real estate ownership between husband and wife, on one hand, is closely related to the stability and harmony of marriage and family relationship. On the other hand, it affects the market transaction security. The Judicial Interpretation (Ⅲ) of the Marriage Law is issued under such a legislative background, for the purpose of providing legislative concept of accurate legal basis for the court to solve the difficult real estate cases. However, the interpretation does not seem to play a good social response. The author thinks that the crux lies in the different views and opinions about the legal nature and validity of the real estate registration resulted from the conflict between real right alteration and marital property system in the legislation of our country, which eventually leads to the considerable controversy of the provisions and applicable predicaments.This dissertation focuses on the conflict between real right alteration and marital property system. It is combined with relevant provisions about the real estate registration in the Judicial Interpretation (Ⅲ) of the Marriage Law, and then analyses the real estate ownership identification issue in marriage and family relationship. Further, this dissertation explores the presumption and credibility of the real estate registration of the relevant provisions in the Judicial Interpretation (Ⅲ) of the Marriage Law. This dissertation draws the conclusion that the real estate registration can be a kind of reference to judge the true ownership of the real estate, rather than the only standard to determine it.This dissertation consists of three parts. The first part introduces the real estate registration system and the marital property system in China, and analyses the key words of this paper. The second part analyses four conditions, including bestowal behavior between husband and wife, parents-purchase real estate for one side or the couple, the real estate buying with one-side-paid down payment, and disposition without partner’s authorization, combining with article six, seven, ten, and eleven of the Judicial Interpretation (Ⅲ) of the Marriage Law. In the third part, the author puts forward some personal views and opinions, expecting to make some contribution for the future improvements of Marriage Law and the real estate registration systems in the process of legislation.