The Research Of The Real Estate Right Changes In Marital Property Agreement

With the continuous improvement of people’s legal consciousness, the awareness of the protection of their rights has become increasingly stronger, especially between husband and wife, which will be in the form of marital property agreement to protect personal or common property before marriage or after marriage. However, along with the continuous development of social life and the increasingly complicated citizens’ conventions, it will inevitably produce a series of problems of the law applications. One of the most core conflicts on the applicable law is about to apply "Property Law" or "Marriage Law" as priority to deal with the agreed property ownership between spouses. More specific, should strictly apply the "Property Law" of the real estate right publication and the basic rules of the real estate right change, or should apply to the "Marriage Law" and its judicial interpretation about the rules of the marital property agreement system in real estate right change of the force of the law.This paper discusses the real estate right changes in marital property agreement, which could bring several important advantages in both concrete practice and future provisions improvement. Firstly, it could build and improve the provisions of the applicable law in the marital property of the real estate right changes. Secondly, it could help resolve the problem of the confusion and irregularities of current judicial practices in the marital property agreement. Thirdly, it could help stimulate spouses to agree the real estate ownership voluntarily. Fourthly, it could help safeguard the legitimate rights and interests of both side of husband and wife. The last but not the least, it could help standardize the application of the provisions and regulations in the concrete practice. By analysing both the current applicable and existing problems of the real estate right changes in marital property agreement, we could discover the necessity and feasibility of resolving problem of the real estate right changes, but also it could establish the solid foundation for further applications of the real estate right changes in marital property agreement. This paper emphasis the nature of the marital property agreement, the identity issue or the property issue, or even defines as the special identity with property relationship. If only the identity issue could be resolved, the judgement of the law application could tend to be more specific, the affiliation of real estate ownership could be more straightforward.