Research On The Legal Issues Of Marriage Real Estate Agreement

Marriage is the foundation of a family,the product of a mixture of affection and material things.The mutual gift between husband and wife plays a very important role in promoting the relationship between husband and wife and stabilizing the family relationship.In today's society,the divorce rate is on the rise,the fragile marital relationship is an important topic in the society,if the couple break up,then it will create new questions as to whom the property belongs to.Although the current marriage law has a clear distinction between the couple's provisions on property and real estate,there are still many problems in the process of practice.Only when we have a full understanding of the ascription status of the gift property of the couple,can we resolve conflicts and disputes,and can we have a good division of the ascription status of the gift items,this requires us to fully understand the family status of marriage,the property system and the gift system.This paper has collected a large number of scholars' theoretical research on the matrimonial property system and concrete cases in the judicial practice process,the goal is to solve the contractual type and scope of matrimonial property,the analysis and classification of the relevant systems and the matrimonial property system is to understand that China's current matrimonial property system is open,including of course the agreement on matrimonial property,by comparing the matrimonial property systems at home and abroad,then it analyzes the difference between the agreement of the couple's house property and the common gift.Then the agreement on the couple's real estate and the difference between the ordinary gift to be distinguished.Secondly,from the real cases in judicial practice,this paper points out the contradictions and disputes between the gift contract and the Property Agreement between husband and wife in the theoretical position and the application of law,and then comes to the reason of "different judgments in the same case".Finally,through the re-analysis of practical cases,in the light of China's relevant laws and their judicial interpretation,the author discusses the attribution of marital real estate after donation,then it will bring a lot of negative consequences to the stability of marriageand family and the maintenance of social customs,more likely to lead to the utilitarianism of marriage,and then lead to a new moral crisis.After the study of this article,we come to the conclusion that the marriage law should be applied to the agreement of the husband and wife's house property,not According to "Contract Law","Property Law" to deal with the relevant provisions.The gift of the property between husband and wife has the direct effect of real right,and there is no need to register the change,but because the value of the property is very large,if we don't take into account the various impacts of the real estate to the parties concerned and set up the relevant system at will,we can not solve such problems very well,so it is better to stipulate the donation of the real estate as an important behavior,it then supplements its effectiveness by signing a written agreement.