The default matrimonial property regime has in principle a direct property transfer effect,which has an impact on the rules of property law regarding the publicity of property transfer.Even for those properties that can be publicized as co-ownership,the publicity of marriage and the publicity of co-ownership in property are functionally irreplaceable.Although it is not possible to re-present the common system of marital income from the publicity of co-ownership,it still has an inde-pendent value and can generate complete reliability.For property that cannot be publicized as co-ownership,restrictions on disposition should be recognized in general,except for special policy con-siderations such as promoting the use of a property.Although the contractual matrimonial property re-gime has the effect of excluding the default matrimonial regime,it is completely incapable of publicity and can only rely on the rule of good faith to take effect on the third party.Property transfer resulting from a marital property division agreement should be publicized in accordance with the rules of prop-erty law,but the reliability of publicity is weakened by the need to protect the reasonable reliance of third parties on the effect of vesting rights in the community of acquisitions.There is no obstacle to the publicity of property transfer based on the divorce contract,but the reliability of publicity is also affected by the previous marital relationship.In determining the effect of publicizing the transfer of property resulting from legal acts of property performed by spouses,third party's reliance on the effect of attribution of assets in the community of acquisitions regime does not certainly take the priority of protection over the publicity of property,or else it may impair the personalities of the spouses.The parent-child relationship does not in itself have the effect of joint ownership and cannot be used as a basis for undermining the reliability of the publicity of property transfer.
Family RelationsTransfer of PropertyReliability of PublicityIdentification of Good Faith
万方数据
维普
