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A Study On The Effect Of The Agreement On Marital Property

Posted on:2015-06-25Degree:MasterType:Thesis
Country:ChinaCandidate:J N XuFull Text:PDF
GTID:2176330467465258Subject:Marriage and family law
Abstract/Summary:PDF Full Text Request
The final result of a legal system is that it can play its effectiveness in real life.Only withthe effectiveness of the legal system, will have a value of existence,so as the Marital PropertySystem.With the continuous development of society and economy, more and more coupleschoose Marital Property System to handle their property.However, due to our currentrequirements of Marital Property System are not perfect, the law applicable to the attendantproblems have become increasingly prominent.The correct application of the marital propertyagreement, to protect the couple’s agreement legally valid and to realize property agreement,become a serious problem.Articles to be adopted by the real-life case, analysis of the legalconsequences of our countries’ current marital property agreement.This article is divided intofour parts:The first part mainly through real-life cases, leads to marital property agreement relatedto our current problems in terms of effectiveness, including the nature of the marital propertyagreement, effective conditions, the effectiveness of internal and external effectiveness and soon.The second part is about the basic theory of the marital property agreement, includingconcept, characteristic and the nature of marital property agreement.Characteristics of maritalproperty agreement are including particularity of the subject,complexity of thecontent,specialty of the effectiveness and so on.Academia mainly has Identity behaviorPerspectives、Property behavior Perspectives and Property deed Perspectives on the natureof the marital property agreement.The third part is a discussion about the effective conditions of marital propertyagreement.Effective conditions of matrimonial property agreement includes the maineligibility,the rue intention,the legitimate and effective content,the provisions of formalrequirements.The fourth part mainly describes the legal consequences of marital propertyagreement.Legal consequences of marital property agreement include the internaleffectiveness as well as external validity.The internal effectiveness mainly includes Maritalproperty agreement binding on both parties,the provisions of changing conventions andending Effectiveness. External validity mainly includes the condition of external validity,establishing publicity program of marital property to balance the interests of maritalproperty and third party interests and to safeguard security and proposed markettransactions,and query obligations on third parties.
Keywords/Search Tags:Marital property agreement, Effective conditions, Internaleffectiveness, External validity
PDF Full Text Request
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