Study On The Marital Agreement

Article 19 of our living "Marriage Law "stipulates the marital property system clearly and definitely in a single article. But, its stipulation is too simple to stipulate some very important problems. What a pity it is. The agreement, in which the couples choose their property system, is called the marital agreement. The marital agreement is very important in our modern life. But, there are some defects and imperfections in our legislation, which makes it unfeasible. So it is necessary to better our legislation. To get this target, the thesis analyzes the marital agreement from the definition and the nature to its legal effect and its cancellation (terminate). Moreover, the dissertation introduces the related theories and legislation of the abroad. Based on the state of the nation of our country, we can draw the advanced legislation experience abroad to further perfect our "Marriage Law".The dissertation consists of five parts:Chapter I begin with the definition of the marital agreement, then, analyzes the nature of the agreement, which indicates that the marital agreement is quite different from the normal property agreement.Chapter II analyzes the different viewpoints about the legal characters of the marital agreement, and draw a conclusion that the marital agreement is a property agreement. The legal character of the marital agreement decides the law applicable of the marital agreement. So, in our country, the marital agreement can apply of the "Contract Law" only when there is no related stipulation in the "Marriage Law".Chapter III analyzes the essentials to an effective marital agreement. A marital agreement is an illegally binding agreement unless it meets with the essentials.Chapter IV probes into the effects of the marital agreement, which includes two parts: One is the effect of the marital agreement between the wife and the husband; the other one is the effect of the marital agreement to the third party (including the effect of the registration of the marital agreement).Chapter V discusses the cancellation of the marital agreement. There is no the related regulations in our "Marriage Law". The thesis introduces the legislations of some other countries from which we can learn.