On The Contractual Marital Property System In China

With China's market-oriented economy developing rapidly and the increasing ofmarital property, contractual marital property system has become a public focus and ithas been established in the 2001 Marriage Law. The meaning of contractual maritalproperty system are clarified at the beginning of this dissertation. And property contractbetween husband and wife is a sort of ordinary contract while it is a collateral contractwith the marriage. Then the author reviews the course of change and development ofChina's contractual marital property system. The theory framework and the spirits oflaw on contractual marital property system are also analyzed in this chapter. It will behelpful for protecting civil rights on marital property .The concept of fair play and therule of natural justice are also well established in the system. In Chapter three, theauthor attempts to dig out the profound cause of the heterogeneousness of the legislationon marital property in different countries while having a comparatively study on thelegislation on the marital property in China and foreign countries. Some deficienciesabout contractual marital property system are pointed out and some ideas on essentialcondition, formal condition, contents, efficacy, time to be come into effect, procedure toalter and quash of contractual marital property system are raised for perfecting thesystem in Chapter four...