The Legal Application Of The Change Of The Right To Property Of The Property System

With the development of China’s society and the improvement of material living standards,the relationship between husband and wife is increasingly complicated.The husband and wife agree that the property system is not accepted from the original,and the development to the present stage is widely recognized in the marriage or marriage between husband and wife.Among the many forms of husband and wife property,husband and wife property as the property that accounts for an absolute majority of the marriage and family property,the dispute over the property is more prominent,and it is not uncommon to change the ownership of the property before or after marriage.The dispute between real estate between husband and wife(this article refers to real estate)is also increasing.First of all,the specific provisions on the matrimonial property contract are embodied in Article 19 of the Marriage Law.There are relevant provisions on the agreed property scope,the agreed method,and the contractual validity of the husband and wife property,but the content of the article is still relatively simple and not clear enough.At the same time,China’s current law does not stipulate the husband and wife agreement on the property registration system.There is no clear regulation on the legislative system of the husband and wife’s agreement on the property system.This leads to disputes over the understanding and application of the system.Secondly,due to the special nature of property rights changes in real estate,that is,the registration of property rights will occur,and the husband and wife’s property customization will also have the effect of property rights changes.The husband and wife agree that the houses are jointly owned,but the registration has not been changed.Whether there is a change,legislation is not clear,and there is controversy in judicial practice.This will lead to the application of the law in Article 9 of the Property Law and Article 19 of the Marriage Law.In addition,the husband and wife agreed that there is a certain connection between the property and the monthly marriage between the husband and wife,and the Judicial Interpretation of the Marriage Law(3)gives the house contributor no right to cancel the registration before the registration,that is,according to the provisions of Article 186 of the Contract Law.In this way,in the judicial practice,there is often a disagreement between the husband and wife property agreement and the husband and wife property gift.Therefore,the purpose of this paper is to combine the current judicial practice in China in the trial of such cases,and to find out the problems of such cases in judicial trials.In order to better study the problems related to the change of real estate rights under the husband and wife agreement property system,this paper collected 100 such cases,in order to better find problems through the combination of judicial trials and make corresponding suggestions.Through the analysis of the theory and specific cases,the author finds that the law applies correctly to the behavior of the property rights of the husband and wife.Because the theoretical research on the property system of husband and wife is not perfect,it makes the law applicable to the correct application of the law controversial,which leads to the phenomenon of different applicable laws and different judgments in the process of handling relevant cases in judicial practice.The innovations of this paper are mainly reflected in two points: First,the author compares the notarization of the property agreement between the husband and wife in the property rights change case and the total number of cases agreed by the husband and wife,and compares the property notarization of each province.It is presented in the form of a chart,which is more intuitive to explain that the notarization of property rights is not common in China,and the notarization of husband and wife property in different provinces is not the same,and it is proposed to establish a husband and wife agreement property registration system to solve the property rights of husband and wife.The inherent requirements of conflicting laws and other related issues;and second,when a third party engages in a transaction involving a house with one of the spouses who have entered into the matrimonial property,and the other party does not know the dispute between the property law and the marriage law.The law is biased to protect the interests of third parties.Scholars’ research is mostly about protecting third parties.On the basis of how to protect the factual property rights in the agreement of husband and wife,legal and theoretical research is not sufficient.