On Promissory Spouse Property System In China

The promissory spouse property system is a kind of system under which the couples agree on their property rights and duties by agreements and exclude the application of legal spouse property system. It is an important part of the spouse property system. The amended Marriage Law of P.R.C in 2001 provided on several issues of the promissory spouse property system such as its parties, forms, contents and effect and so on .The amended Marriage Law had confirmed the important place which the promissory spouse property system occupied in the entire Family Law system. But with the development of our country's social affairs such as political , economic and cultural affairs ,the existing provisions are in the face of more and more challenges in judicial practice and not fit for the demand of people nowadays . This thesis analyzes the existing provisions about the promissory spouse property system, and compares the amended provisions of our country with those provisions of six civil law countries. Then the thesis points out the defects of the amended promissory spouse property system and proposes suggestions on how to perfect the system. In order to resolve the related problems arise from the judicial practice, this thesis also brings up several countermeasures. There are five chapters excluding the preface and conclusion: Chapter one: The summarization on the promissory spouse property system. This part is divided into three aspects. First is the concept of promissory spouse property system. Second is the legislative values of the promissory spouse property system .Third is the nature of the marital property agreement. The fourth mainly introduces the process of the development of the promissory spouse property system in our country which is divided into three phases.Chapter two: Analyse and comment on the promissory spouse property system of foreign countries. This part mainly analyses and comment on the principal provisions ,types and contents of the promissory spouse property system in the six civil law countries.Chapter three: Analyse and comment on the existing legislation status of promissory spouse property system in our country. This part mainly analyses the legislative blankness about the promissory spouse property system in our amended Marriage Law, including those aspects such as the parties of the marital property agreements and their abilities , the validity of the marital property agreements, the types and contents of the marital property agreements, and so on .Chapter four: The legislative countermeasures on how to perfect promissory spouse property system in our country. This part brings up several legislative suggestions based on the analyse of the existing legislation status of promissory spouse property system in our country. Chapter five: The issues which must be noticed when the promissory spouse property system is applied. This part enumerates several issues which arised from the judicial practice and theories research, and points out corresponding countermeasures.