Research On Husband And Wife Engagement Property System

The system of husband and wives contracted estates, calling the contractual property system again, using a law that ownership method point out the husband to negotiate the path the order with the wife the lawmaking, are relations to before getting married, marriage empress' property, capture, handle, usage, income, punishment and husband to them the alleviative a characteristic partition to establish the promise system. Husband with wife the lawmaking of the promise characteristic system, it become procedure contain some rule. At our national the times of time immemorial China is social, having no the real husband and wife is there on mean the property system. The society of the feudal system, the gift is run in opposite directions and takes because of the law in the reformation, becoming to support the regular and important tool in feudal system. The kin plait in civil law in Chinese republic in year produced to the husband with the preparation of wife's property, forward to negotiate the property system problem to put with the wife concerning the husband very time of the first. Before new China establish, Communist Party of China starts from the local revolution in second time war, making to husband and wife property from the angle of the divorce at the each history period certainly of provision. A 《Marriage Law 》the a rules settle:" Husband and wife both parties has the equal ownership to the family property with handles power."the 1 provision of the 1980's 《Marriage Law》:" husband and wife save in the marital relationship continuously the property of the period income, return husband and wife to have together, both parties another have the engagement of excepted."2001Year April, the formal promulgation in revision bill in method in marriage in the People's Republic of China in puts into practice, the a rules settle:" husband and wife can agreement the marital relationship saves continuously property and premarital properties of the period income return each from all, together all or part common each from all, part together all, agreement should adopt the written form. Our husband and wife agreement the history origin and development of the property system, we can see: Our country husband and wife agreement the property system to turn into legislatively the process experienced from have no to have, change from family basis to the individual as the basic unit of society. The 《Marriage Law 》revision bill agreement the property system to husband and wife to further do perfect, compare ruled clearly husband and wife agreements the institutional engagement scope, agreement the term, agreement the contents, agreement the form, agreement the effect, after agreement the of compensates the in obligation the etc. A series of problems. Husband and wife corpus that property agreement, from the provision of the ruling to corpus that see, the engagement should be limited by husband and wife only, other anyone cannot become husband and wife the corpus that property agreement. Husband and wife time that property agreement, should be the party concerned from have the engagement to marry beginning, is before ending to the marital relationship. Husband and wife scope that property agreement; the engagement property scope of the law ruling provision includes the premarital property to save with the marital relationship continuously the property of the period income. Husband and wife the way that property agreement, the law clear statement rules" agreement to should the written form way in adoption". Agreement the contents must be clear and definite, the clear and definite concrete property belongs, clear and definite property item, clear and definite property dwelling place etc. Husband and wife effect that property agreement, it include two aspect, on the other hand is to inside effect, point the engagement to the party concerned husband and wife own effect, husband and wife to the engagement of the property once produce effect, have the binding force to the both parties, husband and wife both parties must obey to carry out strictly, cannot change, cancel as one's pleases. On the other hand is outward the effect, point the engagement to husband and wife excluding of the person's effect, then husband and wife property agreements for the third people (legal right, debtor)' s effect, according to this the 3 provisions," husband and wife save to the marital relationship continuously the property of the period income agreements to return each from all of, man or wife a square outward an obligation for taking, the third people know and should agreement of, with man or wife a the compensatesthe in the property the that the square the have". Therefore, in practice husband and wife roughly custom-built marriage, agreement outward effect, only have to be the third people know and should agreement just produce effect, if the third people does not know and should agreement, to the third people do not take place the legal effect. As if other law system in property system in husband and wife, it is not only is a certain social institutional outcome, but also made by oneself lawmaking tradition, folk state of the nation and economies environmentally roughly. Compare from the lawmaking mode, mainland method department, general by presentable code of laws, agreement husband and wife to property system to place in the civil code inside, in British and American methods department, usually be used as the private method to the family method a part, all countries with agreement to husband and wife the judicial precedent of the property system is lord, in addition to judicial precedent, concerning institutional provision in husband and wife property is spread to see in some single a method. Compare from the lawmaking contents, in the aspects of agreement the property scope, establish the type husband and wife agreement the property system with choose the type husband and wife the engagement property system. At agreement the property system formality, the married property system and unify the property system, common property system, in the aspects of fixing a time, on the lawmaking do not limit with limit two kinds of. Our husband and wife the engagement property system lacks the principle provision. Lack the engagement property system type of the multifamily type. Current 《Marriage Law 》revision bill, from the law ruling analysis, admission the party concerned at general common system, limit part of common system with distinguish property system proceed choice apply. Lack the alteration that engagement property agreement in accordance with cancel the procedure, if husband and wife both parties to change or cancel original husband and wife the property agreement the both parties the consultation hour handles O.K., but once consultation inconformity, have no the homologous provision, handles property to husband and wife the relation brought troublesome, and also to judgment practice brought the difficulty. The public instructs that lack the engagement property shows the system; thedisadvantage trades the safety in the protection. Husband and wife the engagement property establishes institutionally, can alleviate the pressure of the legal property system effectively, making up the shortage of the legal property system, aiming at current husband and wife of our country agreement the property system, drawing lessons from the abroad legislative relevant experience, join together our country state of the nation, consider tradition thought, the influence of customs and habits, culture development etc. many factors, should agreement to husband and wife from as follows several aspects property system proceed the lawmaking is perfect. Our country should establish the principle that husband and wife agreement property system rules, clear and definite handle the basic principle that property relates to. Husband and wife belong to a kind of civil case legal act to the institutional engagement in property, saying in a specific way, belonging to the contract behavior, shielding the general rule that suitable for use contract legislation, namely voluntarily principle, legal principle, fair principle. Increase to establish husband and wife agreement the property system type, adapting to husband and wife the property relation need, canning increase to establish the limiting difference property system to is together the system with surplus. Ruling husband and wife agreements the property has the vivid. The demand that original husband and wife contents can't adapt to husband and wife the life, husband and wife both parties can reach husband and wife the engagement afresh with the original procedure the property changes with the agreement that cancel. Alteration or relief properties are contractual, must implement with form the contractual and same procedure in property, but cannot damage is the third people's benefits, cannot evadable law. Establishing husband and wife agreements the property system public instruct the system, protecting the civil case the bargain safety. As for form problem that agreement the property, our country contain register say, notarize to say, the public instruct to say the different standpoint. Agreement at clear and definite husband and wife the public instruct of the property show the procedure at the same time, still establish to the protection system of the creditor, protect the civil case the safety, establish husband and wife to agreement to the property the agreement offer as proof the system, creditor choice the indictment the system, husband and wife property declares the system.