On The Effect Of Change Of Property Rights In Identity Property Agreements

Regarding the change mode of property rights in China’s civil law,the academic circles can be said to have gathered in litigation,and there is no consensus.Since the Marriage Law to the Civil Code,the legislation has not clarified the mode of change of property rights in identity property agreements,and it is difficult to achieve practical benefits in such a vague treatment in legislation,and it is necessary to clarify its real legal effect in order to promote the return of family law to the Civil Code.Paragraph 2 of Article 464 of the Civil Code of the People’s Republic of China(hereinafter referred to as Article 464,Paragraph 2 of the Civil Code ": " Marriage,adoption,guardianship and other agreements related to identity relationships shall be governed by the laws and regulations on such identity relationships;Where there are no provisions,the provisions of this Part may be applied by reference according to their nature.The change to Article 2,Paragraph 2 of the Contract Law of the People’s Republic of China(hereinafter referred to as the "Contract Law")that "the provisions of other laws shall apply to agreements related to status relationships such as marriage,adoption,and guardianship" has been evaluated by some scholars as "major legislative amendments" [See Liang Huixing: "Lecture Notes on General Principles of Contracts",People’s Court Press,May 2021,1st edition,page 20;Wu Xiaofang: "Analysis of Relevant Controversial Issues Involved in the Marriage and Family Part of the Civil Code",Application of Law,No.21,2020,p.17.However,in-depth analysis shows that the Civil Code has not changed the basic understanding that the identity property agreement of the "Marriage and Family Series" is not a contract in nature of the "Contract Part",and the amendment here can be understood as an expedient measure when the identity property agreement system has not yet been established.Professor Sun Xianzhong also pointed out that the marriage and family agreement should be further stipulated in legislation and the relevant legal provisions expanded.Improving the identity property agreement system will help to consider the mode of change of property rights in the entire civil law system.Examining the current legal normative system and the current situation of judicial adjudication,it can be seen that the creditor’s intention property right change model is the best solution for identity property agreements,which reflects the following two points: first,the property intention in the identity property agreement with property rights as the object of disposal is absorbed by the creditor’s right behavior;Second,it is recognized that identity property agreements should adopt the mode of change of property rights rather than formalism,so as to comply with the legal practice of identity property agreements to meet the needs of property rights changes.Of course,a premise that needs to be pointed out here is that the change of property rights caused by the agreement under discussion,adopting Mr.Shi Shangkuan’s view,is limited to the subject of the agreement and its heirs,and must not be opposed to a bona fide third party outside the agreement.[See Shi Shangkuan,Theory of Family Law,China University of Political Science and Law Press,2000 edition,p.344.] ]This article is mainly divided into three parts,The first part is an introduction,which mainly introduces the research background,research value,research status,research methods and research ideas,innovation and shortcomings of this paper.The second part introduces the types of identity property agreements and the provisions of extraterritorial law on the effect of changes in property rights in identity property agreements;The third part examines the current situation of the legal system and judicial adjudication of identity property agreements,and points out the problems existing in the current situation of the legal system and the status quo of judicial adjudication.The fourth part is suggestions on the construction of the legal system of identity property agreements and the optimization of judicial practice.