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2011年8月13日起,《婚姻法》最新司法解释开始正式实施。其中最受关注的是对不动产归属的问题的规定,主要涉及夫妻一方婚前贷款购买房产的归属问题和父母赠与其子女房产的归属问题。这些规定满足了司法实践中的现实需要,明确了不动产的归属,使婚姻双方对离婚后财产的归属具有更加明晰的预期,也提高了法律的可操作性。
On August 13, 2011, the latest judicial interpretation of the Marriage Law came into effect. Among them, the most concern is the provision on the ownership of real property, which mainly involves the ownership of the property purchased by the husband and wife on the pre-mortem loan and the ownership of property donated by the parents to their children. These provisions satisfy the realistic needs in judicial practice, make clear the vesting of real estate, make the both parties of marriage have more clear expectation of the ownership of the property after divorce, and also improve the maneuverability of the law.