| In recent years,the disputes about the effect of the change of property rights between husband and wife have been widely concerned in practice.Such cases are easy to produce disputes and disputes.Most of the court judgments are different from the same case,which is harmful to the authority of the court judgment to a certain extent and is not conducive to the protection of the legitimate rights and interests of the parties.The main reason for this phenomenon is that there is no unified standard for the effect of the change of property rights agreed by husband and wife in practice.Although the original marriage law and the original property law of our country(the civil code has not made too much changes in the provisions of marriage and family and property rights)stipulate the effect of the change of property rights of the property agreed by husband and wife,there are conflicts in the specific application of the two civil laws.In addition,there are academic differences on the validity,nature and legislative model of the property agreement between husband and wife.Therefore,through the analysis of the related problems in the academic and practical circles,this paper explores the related problems of the change of property rights under the marital agreement property system,and puts forward targeted suggestions for the problems,hoping to form a unified understanding of the academic and practical circles on the ownership of the marital agreement property rights.Based on a case in the bulletin of the Supreme People’s court,this paper discusses and analyzes the main problem,that is,how to clearly define the effect of the change of property rights under the property system of husband and wife agreement.In this case,the court of first instance insisted that the effect of the change of property right of the property agreed by husband and wife should follow the general principles of the property law on the change of property right;the court of second instance put forward the opposite opinion that the effect of the change of property right of the property agreed by husband and wife naturally occurs,and it is not necessary to follow the general principles of the property law on the change of property right.As for whether the general principle of public notice and public trust is applicable to the change of property right between the husband and wife,or whether the property agreement between the husband and wife can directly change the effect of property right,we need to clarify the relevant issues of the change of property right.Secondly,through the analysis of the contradictions and conflicts between the property law and the marriage law,this paper hopes to find out the relevant legal conflicts between the property law and the marriage law.After further understanding the basic theory of the property system,this paper puts forward some reasonable and constructive suggestions.In addition,this paper also puts forward that the effect of the property agreement between husband and wife should be distinguished between internal and external,and makes a detailed analysis of the five theories existing in the practice and academic circles about the change of property right of the property agreement between husband and wife,namely,the theory of property right contract,the theory of gift contract,the theory of identity act,the theory of legal act,and the theory of property right change not caused by legal act After the analysis,it focuses on the argument of this paper,that is,the theory of real right change not caused by legal act.Finally,in view of the problems found in this paper,the author puts forward some corresponding suggestions for the improvement of the system. |
