On Improvements On China's Contractual Regime As To Marital Property From Comparative Laws

The contractual regime as to marital property in China's mainland, as a result of some existing legislation deficiencies about it,can't be better used to regulate people's matrimonial property relations.In this thesis,with theories of law and sociology and etc.,the contractual regimes as to marital property in some countries of Civil Law System and Anglo-American Law System are introduced and commented,from which,those spectacular achievements of legislations are extracted to improve the related legislation in China's mainland.The author's purpose is to improve what we already have,and to introduce what we don't have.This thesis consists of more than 33,000 Chinese characters,and it is divided into three parts except the preface and conclusion as follows.The first part analyzes the basic theories of the contractual regime as to marital property.It is full of three components. What is firstly discussed is the connotations of the contractual regime as to marital property.The theory consented by the author is that the marital property contract is in nature attached to marital status between spouses after the author analyzing the similarities and differences between marital property contract and prenuptial property agreement.What is secondly illustrated is the historical developments of the contractual regime as to marital property.And then,the author gives some explanations to the theoretical bases and practical significances about this regime.The second part is the researches from comparative laws on the contractual regime as to marital property.What is firstly systematically introduced is the contractual regime as to marital property in some countries of Civil Law System and Anglo-American Law System,including the formal requirements of the property contracting, the substance qualifications of it, the legal forces of it, the types of specific property regime to be chosed, and whether the specific type can be altered or terminated, etc.What is secondly briefly introduced is the contractual regime as to marital property in China's mainland.The last is the comparative comments and analyses to the legislations about the contractual regime as to marital property between them,including the formal requirements of the property contracting, the substance qualifications of it, the legal forces of it,the legislative models on it,the types of specific property regime to be chosed, and whether the specific type can be altered or terminated,etc.All of these paves a way to make some comprehensive proposals to the legislation on family law in China's mainland in next part.The third part discusses the legislation deficiencies of the contractual regime as to marital property in China's mainland and some improvement proposals to it.The author indicates some defects in the existing contractual regime after admiring the legislation achievements about it.The author dilivers some improvement proposals respectively from reasons and recommendations, which are based on references to the predecessors' researches.In the author's opinion,the legal clauses on the contractual regime as to marital property should be put before the statutory regime as to marital property. Some other specific suggestions are proposed as follows:to clearly defined the application scope of the contractual property relationship between the spouses,to stipulate some types of specific property regime to be chosed,to declare specifically the times of property contract draughting and its entering into force,to construct the agency systems that can be applied to property contracting in unusual circumstances,to formulate the system of protecting bona fide creditor of one of the spouses according to the basic principles of civil law,and to found the systems of voiding, withdrawing, altering,and terminating about marital property contract.