The Agreement Of The Real Estate Gave From One Party To The Other After Marriage

During the marriage,the gift of the real estate from one party to the other is common.Some people think that the nature of the behavior is the donatio propter nuptias,which obeys the Contract Law.The parties enjoy the arbitrary right of revocation.The effect of the real right change appears when the registration changes.It is also thought that the convention should have additional conditions,the gift relationship can be severed when the conditions are not available.More and more scholars believe that the relation of the couple based on the marriage is special,and is different with the general property relationship.The donatio propter nuptias is not enough to protect the right of the recipient.Treating the gift of the real estate between the couple as the marital property agreement is conducive to protect the right.Some other people put forward that in the German law trading theory and judicial practice,the concept of "giving with the condition of marriage" is useful to the marital property agreement......Thus,there are at least three theories to define the nature of the real estate gift between couples.This paper will give some discussion about the theories.The subsequent force of law will be illuminated with the judgement of the nature by the corresponding theory,which include the internal and external force.The difference between the different forces will affect the right of the party.How to relieve the party when the agreement is repealed or the benefit losses,will be discussed next in the paper.A kind of loyalty agreement usually appears with the couple’s property agreement,and the loyal obligation is recorded on it clearly.The relief can be done according to the loyalty agreement.This paper also puts forward the issue of the interest protection of the third party.The third party formed after the agreement of the real estate between husband and wife is the external effect,we will focus on the third party formed before the agreement.The third party is hard to know the agreement due to the privacy of the marriage life and the establishment of the couple’s property agreement,the creditor`s right of rescission is hard to achieve,so I put forward to set up the registration of marital property contracts.This paper also give some brief analysis about loss of legal activity ground in the basic trade theory of German law and the system of changed circumstances in our country,and contrast the similarity between the two theories.Then some existing theory will be put forward to solve the problem.In addition,some new idea can be raised on the issue that the parents offer the capital to buy the house,and it will be re-discussed based on the basic trade theory,which will give some reference to the academia.