Researching On Perfecting The Promissory Marital Property System Of Our Country

The choice of the marital property system not only relates to the realization of both parties' legal benefits, but also to the benefits of third—party, the safety of transaction, the economic order of society and so on. Thus, the legislation of marital property system is thought very much by all countries and taken as the main content when regulating the law of marriage and the law of family. Each country considers the legal property system and promissory property system as the basic system in adjusting the property relationship of the wife and husband. The Marriage Law of our country, which was formulated in 1980, affirmed and permitted the promissory property system at the first time. With the development of the social economy, the relations of marital property are becoming complicated and diversified increasingly, the consciousness of individual right are boosting up ceaselessly; the request of the independence of marital property are enhancing gradually, the scale of the application of promissory marital property system are enlarging in China. It's the trend that we should pay much more attention to the promissory marital property system and make it perfect. The amendment of the Chinese marriage law in 2001 revised the promissory marital property system, but it still has lots of minus. Therefore, the author tries to make the further research on the promissory marital property system based upon the past productions of the other people. Having expatiated the evolution, concept and character of the promissory marital property system, the author would research on the representative problems practically, analyze the actual provisions and the defects of present legislation, point out that it is the necessity to perfect the promissory marital...