The Study Of The Coupie Agreed Upon Property System

This essay tries to systematically talk about the couple agreed upon property system.It analyses the modern conception of the couple agreed upon property system from the historical perspective of the development history of western law system.The system,which should be the ideal direction of the marital property system,is not only the product of the civilization but also the product of modern idea of freedom,equality,free contract and holy personal property.Compared with legal property system, this system enjoys the natural superiority.But with the expansion of the functions and powers of the state,more and more private laws are becoming public laws.To some extent,the development of legal property system limits the development of the couple agreed upon property system.After talking about the nature,the condition and the influencing elements of the couple agreed upon property system.This essay puts forward the following principles:the person concerned decides the idea of himself or herself;the agreed content can not be changed;public order and changing situation,among which the first principle is the basic one for the coupe agreed upon property system and is the guarantee for the second principle and the necessary supplement for the third principle.In order to control the selfishness which might endanger other people and the society since the first principle only embodies the interest of the person concerned, it must do something for the shortcomings of the first principle.The third principle works as the safeguard in law.But if the loss is caused by the social change not by the will of the person concerned,the principle of changing situation can make it up.Only in this way,the justice and distribution of law can be expressed.Through the simple analysis of civil law of France,Germany,this essay summarizes the general characteristics of modern system of couple agreed upon property.This essay also analyses the shortcomings of the system:one:it lacks the general regulations;second:it lacks the systematical regulations for the construction of the system;three:it lacks all-over regulations for the inside and outside effects of the agreed by the couple;four:it lacks the regulations for the detailed contents;five:it lacks the systems of registration and briefing system.The writer thinks the system in country is still in the beginning and studying stage and puts forward some ideas to perfect the system.The last part of the essay shows since many countries are following the pace of the time with the popularization of equal human rights and the realization of equality between the sexes and amending the system.Thus establishing and perfecting the system should the logic way and tendency.This eassy covers the elemental theroy and evolutionary trend of the couple agreed upon property system.It constructs a content system for building a perfect jus.