Marriage law seeking amendment opinion before marriage property

Reporter Showa The Supreme People's Court recently published the "on the application of the Marriage Law of China" interpretation (iii) (draft), to the public to seek amendments to the views and suggestions. This summary of judicial interpretation in the trial practice, involving the division of real Estate, male reproductive rights, "the other" claims, such as social hot issues.　　Reporters yesterday invited legal experts and lawyers to explain.　　Key words: Premarital property before marriage to buy the house appreciation, the spouse has?　　11th the husband and wife sign the real estate sale contract before marriage, to pay the first payment of personal property and the bank loan, after the marriage real estate is registered in the first payment party's name, when the divorce can be identified as the real estate rights of the personal property of the right person, the outstanding part of the loan is the real estate rights holders of personal debts.　　During the period of marital relationship, the loan repayment part of the husband and wife should consider the real estate market price and the proportion of the total amount of the common repayment payment, and then make reasonable compensation to the other party by the real estate right person. To interpret the loan purchase of the former spouse is to be identified as personal property, it is understood that before the marriage law on the personal property before marriage, the appreciation of the part does not have a clear provision, but the general provisions of "personal property before marriage belongs to the individual." However, at present, most of the cities are loans for housing, many courts in the divorce decisions, the verdict is not uniform. Generally speaking, if the house is awarded to one party by the property before marriage, the other party can only take back the mortgage payment. For example, if the man to pay the first payment before marriage, and the woman after marriage and housing, mortgage after the two biggest property is the house, this time the divorce, if the house to the man, the woman can only take back the mortgage payment, and can not get the price appreciation compensation.　　Just imagine, after the return of the loan part of the money is also an investment, investment value is income, if not used to return the mortgage, the stock will also have appreciation, if only in accordance with the amount of input to return, unfair. For the first time, the draft made a clear provision for compensation.　　But some experts worry that such a rule could lead to a rise in divorce rates, since economic worries may lessen the binding effect of marriage on impulsive marriages, resulting in higher divorce rates. Case similar case verdict big difference Ningyuan lawyer recently handled two similar cases, the court ruling is completely different.　　Before marriage, the man in the name of personal purchase, the total amount of housing 500,000, paid a down payment of 150,000, after the two sides of the common mortgage loan 100,000 (including principal interest), divorce, the remaining loans near 300,000, the housing market price of about 1 million.　　Baiyun District Court will decide that the house is owned by the man, the remaining loan of 300,000 yuan by the man is responsible for the settlement, the man paid the woman after marriage, the total amount of 50,000 yuan as compensation.　　Tianhe District Court decided that the House is owned by the man, the remaining loan of 300,000 yuan by the man responsible for the settlement, the housing market value of 1 million yuan deduction before marriage 150,000 yuan and the remaining mortgage 300,000, the man paid the woman half is 275,000 as compensation. Key words: birth right wife without permission to flowCan the husband claim it?　　Tenth, the People's Court does not support the claim of compensation for damages caused by his wife's unauthorized termination of pregnancy, which causes the marital relationship to break down and the divorce is not valid by conciliation, and the People's Court shall grant the divorce. Interpreting wife's right to abortion over her husband's reproductive rights Xiaoxionghui This article gives women the right to self-determination, if the law gives the male reproductive rights, then he has the right to ask his wife to bear, but in reality, the woman is physically weak status, which is why the women's Rights and Interests Protection Act To ensure that women in the weak position have the right and freedom to bear or not to bear.　　If the male reproductive rights are identified, then there is no guarantee that the corresponding women will not have the freedom to reproduce.　　After all, the husband only after marriage, can ask the wife to bear the so-called rights, but the wife's infertility or abortion rights are gifted, should not be subjected to any coercion. The issue of maternity as a reason for divorce Xiaoxionghui lawyer also said that the provisions of the provision "couples because of the issue of maternity disputes, resulting in marital feelings rupture, a party to request divorce by conciliation invalid, the People's Court should grant divorce", which is tantamount to relaxing the threshold of divorce, that is, when the husband's Can be used as a reason for divorce.　　At the same time, this threshold of relaxation is also conducive to the protection of women, if the court, although the decision is not allowed to divorce, but many infertile wives because of the weak, in reality may also suffer from home violence or cold, not conducive to protecting their rights and interests.　　Case wife cheating birth husband Nu rope "reproductive right" as early as September 2002, Guangzhou has the first male "reproductive rights" lawsuit. Two years after the birth of the child, the husband found out that he was not his own flesh. After the affair was uncovered, the wife first filed for divorce, "green hat" husband more angry unceasingly, he felt that his wife deprived of his own right to bear, should pay compensation. As a result, he filed a petition to court, which triggered the first case of a husband's birth rights in Guangzhou. The people's Court in Dongshan district then made the first instance judgment.　　The court found that the wife's infidelity caused a mental anguish to her husband, so she was sentenced to compensation for her husband's mental loss of 15000 yuan, but did not support the right to maternity, because the law did not expressly provide for the right to maternity.　　Although the case was not caused by a wife's abortion, the birth rights lawsuit has indeed sparked controversy in the judicial field. Key words: Mistresses, compensation, "the other" to compensate, did the court support it? The second one has the spouse and others cohabitation, for the dissolution of the cohabitation agreement for property compensation, a party to pay the compensation or compensation after the return of the claim, the court does not support;　　The court shall entertain and deal with the circumstances. Read that the man does not pay the "three" can not Sue has paid the money don't find "three" to the recent more than "SAN" active exposure big pour bitter, but also "little", "Mistress" become a recent news eventHot words in the　　Canton Tang Hong Lawyers believe that many cases have referred to the "breakup fee", "breakup agreement", the draft of the request for comment because the court does not recognize such money exchange, so to get rid of "the" "The Breakup Agreement" is invalid. For example, the man to keep the "San", in the breakup, the two sides agreed to break the fee is 50,000 yuan.　　At this time, if the man does not pay, the woman does not have the right to sue in court, but if the man has paid the breakup fee and regret, the court will not accept. Does the court recognize the "loyalty Agreement" clause of the couple? has attracted much attention from society.　　But this time the Supreme People's Court did not write into the judicial interpretation. Vice-president of the Marriage and Family Law Society Ma Shangan, a professor of law at Peking University, said in an interview that the "loyalty agreement" should not be written into the judicial interpretation because the previous draft provisions "all inadmissible", which is tantamount to the "loyalty agreement" shut out, if not written, the judge will have a relatively large discretionary power. "I think that the Court of Allegiance should conditionally support it." But I do not advocate that couples are going to sign a loyalty agreement, and the court should be cautious about the validity of the loyalty agreement.　　"Other provisions of the draft" to buy shares before marriage, rose to who?　　Sixth the fruits or value-added gains arising after marriage of the personal property of a spouse shall be deemed to be the personal property of one party, but the other party's contribution to the fruits or value-added gains may be deemed to be the joint property of the husband and wife. Comments: Stocks, funds, etc. if the marriage or personal operation, the other party did not participate, should be recognized as the principal and appreciation for personal property.　　If the other party participates, it is necessary to consider dividing the property as husband and wife.　　Whose parents buy the marriage house?　　Eighth the real estate purchased by the parents of a party after marriage is registered in the name of the sponsor's child, it may be regarded as a gift to one of his children and shall be deemed to be the personal property of the spouse.　　In the case of immovable property purchased by both parents, the property is registered in a party's name, and the real estate may be deemed to be in accordance with the share of the contribution of the parents of both parties, except where there is evidence to prove the gift.　　Comments: more operational.　　How does a husband and wife borrow money?　　17th a spouse enters into a loan agreement between the husband and wife to lend to one party for the purposes of personal business or other personal affairs, the party who borrows at the time of the divorce may give the other party a half of the actual amount of borrowing in accordance with the agreement.　　Comments: The first recognition of the effect of the husband and wife Iou, lent husband (wife) money, and not necessarily are "venture capital." Interpretation lawyer Beijing Dacheng law firm Guangzhou Branch Xiaoxionghui Guangdong legal Sinbad law firm Ningyuan Guangdong Tong Yi Law firm Tang Hong Lawyer