Research Of Ownership Of Marital Property In <Judicial Interpretation Of The Marriage Law (Three)>

Real estate plays a very important role in marriage,It is improtant place to maintain the relationship of marriage.It is an important material basis for family life.It is the sustenance of marriage and family members’sense of belonging is the emotional.With the rising prices, housing has become the main form of marriage in most part of the family property.The attendant is the increasing on disputes of property ownership in divorce proceedings.Due to the vagueness and limitations of legal provisions, the court often around different sentence in the same case.Housing ownership is basis of the divorce property division, directly related to the couple’spersonal interests. Study on the ownership of the housing aims to clarify the value orientation of marriage legislation, solid theory basis, balance the interests of the individual and family.Making perfect marriage proposal to assign ownership of the property.In 2011, China promulgated The Supreme Courts’issues about interpretation of the applicable in People’s Republic of China Marriage Law(3), in this Issues there are five laws which talk about housing ownership, including a gift of property between husband and wife, the property one of husband and wife pay a down payment of real estate, parents financed the purchase of real estate, one of husband and wife seal the real estate housing whithout the agreement of the other one.The author thinks that although the law make provisions of the disputed property type appears clearly and providing a legal basis for the judicial trial.But the law pays too much attention to the guiding effect on the trial practice, ignored the legislation of marriage and family of the purpose.Aroused fierce controversy.Reconsider ascription of the various properties of the marriage, the ownership systemdesign has a substantial theoretical foundation and the height of the social recognition,in order to ensure the scientific legislation.In this paper, the author mainly study in housing ownership provisions of The Supreme Court’issues about interpretation of the applicable in People’s Republic of China Marriage Law (3).By analyzing the particularity and the values of marriage and family in the field of real estate within the marital relationship, The author concluded:Although marriage and family law are branches of the civil law, but in view of the personal property relations in marriage and family relationships begin as the basis relationships, the property which involved in marriage and family is different from the general Property property sense. For the regulation of marital property, it should be in the interests of stability and balance between husband and wife for the purpose in marriage and family.Applicabling too many general principles of property law leading to increasing conflicts with the legislative nature of marriage and family.In addition to a summary and conclusion, this paper is divided into three parts. The author mainly use historical analysis, value analysis, and legal and logical analysis. First, explaining the the boundaries of Property relations in marriage and the relationship and property transactions in general.Identify the applicable principles within the general field of marriage and family property law.This is the first problem to the studying of marital Property ownership to be solved.On this basis, in-depth analysis Marriage judicial interpretation (3) on Property ownership requirements (including married parents financed the purchase of real estate ownership for their children, marriage prenuptial party down with the couple’s joint property ownership and real estate loan spouse There unauthorized disposition Property ownership).Analysis of the focus in Property ownership of the couples.(including marriage and family problems in the field of real estate values and property ownership registration system).Clear a couple problems in Property ownership.Finally, find out improvement suggestions for husband and wife property ownership of Marriage legal system. Recommendations Including the basic principles of legislation and specific systems. Hope that helps ownership system of marital property.In this paper, there is a strong logic. Author chose the most controversial mortgage Property and real estate gift parents to analyze. Draw p rinciple of handle property disputes.Identifing the inadequate existing law and making recommendations of marriage and family in the field Property ownership.