Research On The Validity Of The Real Estate Agreement Between Husband And Wif

Currently,China has entered a new stage of high-quality development in the smooth operation of the market economy,and the rules of property law have been constantly infiltrating into the field of family social life.In the marriage and family,the husband and wife are the subject of autonomy of the will.Both parties can make legal agreements on various matters.More agreements are expressed in the field of property,the most obvious of which is the agreement on the property between the husband and wife.Housing occupies a large position in the family property category.After the husband and wife conduct the house property agreement,the resulting disputes are also increasingly complex.However,due to the complexity of the marital property agreement,the ambiguity of the criteria for the determination of the legal nature,and the difficulty in unifying the family ethical values,there has been considerable controversy in the academic community about the nature of the marital property agreement and the legal application,and there are also a large number of "different judgments in the same case,different judgments in the same place" in the judicial practice.Based on the background of the Civil Code of the Republic of Chinese(hereinafter referred to as the "Civil Code"),this paper hopes to make a modest contribution to the long-standing judicial practical problems related to the conjugal property agreement.In addition to the introduction,this paper mainly consists of four parts,the specific content is described as follows: The first part is the practical research of the marital property agreement dispute,statistical integration of the effective data of relevant cases,through the brief listing and analysis of typical cases in judicial practice,sorted out the main dispute focus on the legal nature of the marital property agreement and whether the agreement is revocable.On this basis,it explores the causes of judicial dilemmas.The second part is aimed at the two ways of dealing with real estate disputes between husband and wife.The marital agreed property system and the gift between husband and wife belong to the identity law approach and the property law approach.There are five kinds of theoretical differences on the identification of nature in the academic circle.Including the general gift,the husband and wife gift said,the husband and wife agreed property system said,the husband and wife agreed property system and the general gift classification said,the husband and wife agreed property system and the husband and wife gift classification said,through a comparative study of the application of the husband and wife agreed property system and the husband and wife gift classification said the dual path is more appropriate.The third part is to construct the judicial judgment standard of the conjugal real estate agreement dispute.On the basis of clarifying the initial state and change form of the property ownership,the real expression of the intention of the parties is explored through the internal elements such as legal context,expression of meaning and formation process,economic ability and marital relationship status.Then balance the rights of all parties through external factors such as debt burden,the third party acting in good faith.The fourth part is to implement the auxiliary connection measures of judicial judgment,the introduction of notary and public system,reduce the problem of property division,but also for the judge’s judicial work to reduce the corresponding burden,after the exercise of the right to revoke the exercise of appropriate restrictions on arbitrary revoking power,strict application of statutory revoking power,the purpose of the expansion of the situation change principle has been put forward with practical significance.