Whether The Ownership Of The Estate Is Affected By Parents Contribution

According to 2013 Social Serve Development Report published by Ministry of Civil Affairs of China, 3500,000 spouses have divorced in china, rising 12.8% compared with 2012 level. The divorce rate see a continuous rising trend in the past 10 years, respectively 1.28‰ in 2004, 2‰ in 2010,2.6‰ in 2013. Disputes of recognizing communal estate increase significantly, because of high divorce rate and high housing price. Some factors such as housing mortgage, complicated housing ownership and the evolution of marriage crisis make the ownership of the estate disputes more and more complicated and difficult. Although there are some statues and regulations which confirm the ownership of the estates that parents offered financial contributions, the reality still has many disputes about interpretation and enforcement of the present status and regulations. Therefore, this research of the estate ownership dispute, arising from parents’ financial contribution, has practical value and theoretical significance. This dissertation includes four parts:Part I: the introduction of problem. With the first “name-adding case” happened in Beijing, this part introduces the problem and evaluates the trial result in light of the court’s cognitive deviation of matrimonial regime and the court’s improperness in applying the law. The dispute about parents’ capital contribution to house purchase for their children could be summarized into two problems:(a) what is the nature of the act of parents’ capital contribution to house purchase for their children;(b) what is the influence of parents’ capital contribution to house purchase for their children on housing ownership.Part II: the definition of the act of parents’ capital contribution to house purchase for their children. This part gives the definition of parents’ capital contribution to house purchase for their children, that is, the children sign the housing purchase contract with the real estate business and the children own the housing, but the parents pay all of or part of the bills of housing purchase. It is different both from parents’ purchasing house for their children and from parents’ giving away the house to their children. Combining the two opinions on the definition of the act of parents’ capital contribution to house purchase for their children(one is donation while the other is lending), the author put forward his thinking, that is, it shouldn’t be the view that that act must be lending or donation, and we should grasp the essential difference between these two legal relations. The act of parents’ capital contribution to house purchase for their children is supposed to be donation, unless the manifestation of intention show otherwise.Part III : The analysis of existing legislation for the influence on housing property rights that paid by parents. This section analyzed the influence on housing property rights that buying by parents from the following four aspects : one’s parents funded wholly, property rights registered under their child’s name; one’s parents funded wholly, property rights registered under the couple’s or their child’s spouse’s name; both parents the capital, property rights registered under the name of one child; and one’s parents funded partially, property rights registered under their child’s name.Part IV : Further Thoughts on the phenomenon of parents pay for their children’s real estate. This part analysis of the positive significance of the existing legal system from the aspects of requirements of economic society, and justice unified, and guidelines role such as regard. It also finds out the deficiencies of existing law from specific provisions, secondary rules and function effect such as regard. From perfect the Marriage Law the 18 th article specific provisions, and clear provisions in couple property presumption rules and perfect the factors to be considered about ownership of the house which bought by parents after marriage, made legal advice to satisfactory resolved the housing property rights dispute caused by parents funded the purchase of house for their children.