A Study On The Effect Of Property Agreement Between Husband And Wife

Article 19 of the Marriage Law stipulates that spouses can make an agreement on the ownership of property,and this agreement is binding on both parties.The provisions of the law are highly generalized,and there is a large controversy over the scope of application of this provision in theory and practice.In addition,Articles 9 and 23 of the Real Right Law establish the principle of publicity of real property in China.In principle,changes in real property do not have legal effect without publicity.Changes in real rights will also occur in the field of marriage.Whether the property agreement can be directly effected between husbands and wives,should the principle of public property disclosure be equally implemented in the field of marriage and family,there are also some controversies in theory and practice.It is said that Article 19 of the Marriage Law is a provision for a free-form contractual property system.The legal effect of a spouse’s agreement on the ownership of a specific property involves the change of the husband and wife’s joint property,which also belongs to the adjustment scope of article 19 of the Marriage Law.A spouse can also enter into a general property contract as a general civil subject.Under the free-form agreement property system,the definition between the spouse’s property agreement and other types of property agreements concluded between the spouse will inevitably be involved.The marriage property division agreement involves the change of the couple’s common property.Within the scope of the interpretation of Article 19 of the Marriage Law,it can be conditionally recognized as a spousal property agreement.If not,it should be considered as a general property law act between husband and wife and still valid..The divorce agreement is an agreement with effective conditions,and it is an agreement made to dissolve the marital relationship.The purpose of its conclusion is special.The husband and wife property agreement is closely related to the husband and wife’s identity relationship,usually involving changes in the scope of the husband and wife’s common property.The husband and wife agree that the property of one party belongs to the other party.The agreement between husband and wife property has a strong identity attribute,and its unique personal dependence determines that it is different from the rational behavior of the general market subject based on the consideration of economic interests.From the perspective of system interpretation,the spouse is based on the statutory property system,and has the right to obtain property acquired after marriage without having to follow the principle of publicity.The spouse property agreement has a backup function relative to the statutory spouse property system,which can achieve the effect of excluding the statutory spouse property system.In terms of the change of property rights,the agreement system of matrimonial property is consistent with the legal matrimonial property system.The agreement of marital property can produce the effect of real right alteration between husband and wife directly.From the perspective of the principle of publicity and public trust,the significance of publicity does not manifest itself within the relationship between husband and wife.It is stipulated that the property system respects the spouse’s autonomy in disposing marriage and family’s internal property allocation.Compared with the value function of the principle of publicity,what is more worthy of legal protection is the free will of the parties to the marriage relationship.The change of real right based on the autonomy of the parties is a typical change of real right based on legal acts.The change in real right caused by the agreement is an exception to the provisions of article 9 and article 23 of the Real Right Law.and the adversarial model can be applied exceptionally.