Study On The Validity Of The Change Of Property Rights In Divorce Property Agreement

With the rising property prices around the world in recent years,property division has gradually become a key element of divorce property agreements.At the same time,in real life,divorcing parties fail to timely register the changes after agreeing on the attribution of real estate in the divorce property agreement,leading to an increasing number of disputes concerning the execution of real estate objections to the divorce property agreement.As such disputes involve the overlap of marriage and family law and property law adjustment,and property law as a general law of property relations,it is in determining the attribution of property and property rights changes and marriage and family law related rules have many conflicts,different courts in the trial of such disputes choose a different legal application of ideas,resulting in practice involving divorce real estate real estate enforcement objections to the lawsuit The phenomenon of "different judgment" is serious.In view of the above problems,this paper discusses the change of property rights of divorce property agreement from the perspective of the lawsuit of real estate execution objection,and analyzes the judicial dilemma of different judgments and different justifications in the dispute of real estate execution objection involving divorce property agreement through the analysis of typical cases,and analyzes the three main reasons that lead to different court decisions: First,there is a misunderstanding of the divorce property agreement,which separates the personal relationship of divorce property agreement and property agreement.The second is the mechanical understanding of the mode of change of real property rights;the third is the confusion in the application of divorce property agreement law.As the agreement of the parties to the marriage,the divorce property agreement has the nature of both identity and property,and the property law should maintain a moderate degree of modesty in the handling of disputes over the validity of the change of property rights in divorce property.After clarifying the effect of the change in property rights of the divorce property agreement,this paper returns to practice and proposes a solution to the dispute concerning the execution of real estate objections to the divorce property agreement under the Civil Code system,when dealing with such disputes,the court can clarify the decision in terms of the effective time of the divorce property agreement,the nature of the claim for enforcement,the interests of the applicant for enforcement,whether the agreed owner is in possession of the house and whether it is at fault for not registering the change.The court can clarify the adjudication ideas in terms of when the divorce property agreement came into effect,the nature of the claim for enforcement,the interests of the applicant for enforcement,whether the agreed owner is in possession of the house and whether there is any fault in the failure to register the change.In the context of the return of marriage and family law to the civil code,the "supplementary application" of identity-related agreements to the rules of other departments of law can be clarified,which is conducive to the convergence of identity law and property law.