Understanding And Application Of Matrimonial Property In Judicial Interpretation Of Marriage Law

Housing is an extremely important property for the family.It plays an irreplaceable role in maintaining marriage and family life.It is a necessary place for family members to have a strong sense of belonging and a material basis for family life.In recent years,due to the rising trend of housing prices,marriage housing has become a major component of the entire family property structure.Based on the importance factors of real estate,the disputes caused by divorce proceedings are not related to the ownership of real estate.Although China's existing laws have made corresponding provisions on housing ownership,the provisions of this are ambiguous and limited.This has led to the fact that local courts often have different judgments in the judgment of such cases.Undoubtedly,this is extremely It is not conducive to maintaining the authority of the judiciary and the seriousness of the trial.The choice of research on the ownership of real estate is very clear in purpose.It aims to sort out and clarify the value orientation of marriage legislation,provide a solid theoretical basis for the attribution of real estate,and promote the balance between individual interests and family interests,thereby enhancing the law in society.The degree of recognition ultimately provides a guiding role for the judicial trial practice to become more unified.This paper focuses on the conflicts between the acquisition of joint property of husband and wife and the disclosure of property rights.Combined with the provisions on the registration of immovable property in the Interpretation of Marriage Law(III),this paper analyzes the identification of immovable property in the marriage and family relationship in China.In addition to the abstract and conclusion,this paper is divided into three parts,mainly using historical analysis,value analysis and legal logic analysis.Firstly,it introduces the boundary between the real estate relationship in marriage and the real estate relationship in general property transactions,and draws the applicable principle of the general property law in the field of marriage and family.This is the first problem to be solved in the study of the marriage property ownership problem.Secondly,this paper is based on In the specific judicial trial practice and reality,we will deeply consider the housing-related clauses formulated in the three judicial interpretations of the Marriage Law,and conduct corresponding analysis and preliminary interpretation.It further analyzes the social background and legislative spirit on which it is based,and also combines the current social realities and conducts an initial exploration on the basis of this;finally,it puts forward some reflections and countermeasures based on the current social development reality.This paper is aimed at the research and interpretation of this field.I hope that it can help to understand and publicize the three judicial interpretations of the Marriage Law,and at the same time play an active role in solving disputes involving housing and promoting social harmony and stability.