关键词: 离婚财产分割协议, 司法裁判, 债权效力, 物权变动效力

Abstract: In the judicial practice, there are different court decisions and different reasons for the lawsuits of objection to real estate execution based on the divorce property division agreement. The reason is that there are different understandings about the legal effect of the divorce division agreements. The divorce property division agreement is a kind of property legal act with individual identity. Different from general property legal act, the Marriage Law should be applied preferentially. It should be identified that the divorce property division agreement has the effect of real right change; it has the legal legitimacy and legal feasibility, not violating the protection of the interests of the third party. When the court hears the lawsuit of real estate execution objection based on the divorce property division agreement, it can mainly clarifies the judgment ideas from the aspects of the real estate register, the real right change effect of the divorce property division agreement and the third party interest review. If the divorce property settlement agreement has the effect of directly leading to the change of real rights, the owner of the property stipulated in the agreement is the owner of the property, and, in general, enjoys the substantive right to exclude enforcement.

Key words: divorce property settlement agreement, judicial adjudication, creditor's right and effectiveness, effect of real right changes