The Change Of Property On Division Of Marital Property Agreements

The division of marital property agreement are the correct understanding of property rights changes in the relationship between both sides of husband and wife property during the marriage.The subject of Married within property segmentation agreement limited to legal marriage party, excluded possibilities that parties and heir based on the same legal relationship applies to the system; Married within property segmentation agreement of content limited to couples internal of property distribution relationship, excluded has market order and trading security of concerns; Effective of married within property segmentation agreement is couples both real, and voluntary of mean of reflected, due to internal effectiveness subject Shang of relativity, so excluded claims formalism of real right changes mode of applies.Marital property division agreement with contract requirements, the subject matter covered by the agreement, general circulation, circulation in certain situations would lead to the fact that property rights and legal property rights is inconsistent. The internal validity of the marital property division agreement determines the starting point to protect the property rights, external validity is required in order to protect the legal right as a starting point. Division of internal validity and external validity based on different objects:party to an external force is a legal right, subject is marital property division agreement of the other party (based on the same legal relationship of the heirs) and the legal right to paid out side trading behavior and according to the legal form of public access to the subject matter of the rights of a bona fide counterpart.Marital property division agreement adjustments are essentially property relationships, People’s Republic of China property law article 99th on community property provisions of the doctrine is the basis of marital property division agreement. People’s Republic of China contract law of the People’s Republic of China real right law and the People’s Republic of China marriage act in the context of marital property issues are not an antagonistic relationship, from the Supreme People’s Court on this point can apply< People’s Republic of China law> number of interpretation of the relevant provisions of evidence. In dealing with the three marital property Division on issues arising out of the change of real right is consistent, whether matrimonial property relations within requirements of the People’s Republic of China real right law of the People’s Republic of China contract law regulation General property law, such as restraining, the key is to determine whether such property is personal.