Analysis On The Case Of Tang’s Inheritance Dispute

Marriage property division agreement refers to the husband and wife in the premise of not relieving the marriage,based on the principle of voluntary and equal to the marriage between the property relations to adjust the agreement.In real life,more and more couples are accustomed to the agreement between the way the husband and wife between the property segmentation.However,there is no clear and clear provision on the specific application of the existing laws in China.This makes the practice of dealing with marriage and marital property signed by the husband and wife signed a dispute,the judicial standards are different,resulting in confusion in the practice of operation.Through the analysis of the controversial points in the typical case "the Case of Tang’s Inheritance Disputes",the author thinks that the root cause of the divergence of the verdict is that the characteristics,The effect of the change of property rights,the application of the law and other issues identified unclear.First,we must strictly distinguish between marital property division agreements and other agreements,agreements and so on.It is obvious that it is distinct from divorce property division agreement or gift contract because it is specific to establishment time,subject,contents and purpose of marital property division agreement.Second,as long as the agreed content in line with the relevant provisions of the law,administrative regulations,marital property division agreement can be signed once the legal effect of the real right to change.Marriage property division agreement is based on the relationship between husband and wife signed a special identity and property agreement for the purpose of the agreement,set the identity and property of the dual attributes in one,can be identified as a typical performance of the husband and wife property system.Because it is not based on legal acts of real estate property rights changes,once signed on the effectiveness of changes in property rights.Its specific effect can be divided into external and internal effects,marital property division agreement can be registered in the husband and wife can not produce between the internal changes in the effectiveness of both husband and wife agents,guardians and heirs are also applicable.Due to the marital property division agreement arising from the real estate changes without registration can not directly against the goodwill of the third person,is the marital property division agreement external effect.Finally,the lawsuit between real estate and real estate property changes between husband and wife,because the property relationship between husband and wife has a special identity attribute,so between husband and wife signed by the marriage property division agreement arising from the real right of change should give priority to the "Marriage Law" The relevant provisions of the "Property Law" should remain modest,husband and wife within the real estate real estate changes should not be too much emphasis on registration publicity.