Marital Property System Study

The spouse's property relation is the important content of the conjugal relation. Whether the spouse's property re ation is equal or not is the important symbol of measuring the equality of the spouse's status .The spouse's contractual property system follows the contractual principles of equality and willingness. It embodies the equal status of man and woman in the family. So it is affirmed by more and more countries. The spouse's contractual property system has a long history. The germ of it appeared in old Roman. But the present spouse's contractual property system is founded on the basis of the modern spouse's contractual property system .The first Marriage Law of the People's Republic of China has the spirit of making the contract of the spouse's property, but it was not systematized until 2001 year's Marriage Law. The law endowed it with the priority to be applicable. In this paper the writer introduced some typical types of the foreign countries' and compared it with our country's. Then she pointed out the disadvantages of our country's and gave some advice to amend it. The paper was divided into five parts.In the first part, the writer sketched the spouse's contractual property system, including the concept of spouse's contractual property system and the development of it in some countries. The wives' status in the family experienced two stages, and the corresponding spouse's property system arose. Compared with other countries, the system in our country was affirmed later .It was systematized in the current Marriage Law.In the second part, the writer introduced some typical types of the spouse's contractual property system: the unified property system, the joint property system, the separate property system, the community property system, the limited community property system. The writer introduced the composition, validity, advantages and disadvantages of the system. The limited community property system is our country's special type established by our current Marriage Law.In the third part, the write- introduced the basic contents of the spouse's contractual property system. This is the emphasis of the paper .The writer introduced the general problems and the specific contents of the spouse's contractual property system. About thegeneral problems, the writer talked about the character of the spouse's contractual property system, the principles abided by for the contract, the limitation for the freedom of contract, the valid essentials of the contract, the effect of the contract. About the specific contents, the writer talked about the subject of the contract, the range of the property contract, the written form of the contract and the process of affirming it, the alteration and the withdrawal of the contract, the termination of the contract, the interpretation of the contract.In the fourth part, the writer introduced the present provision of our current Marriage Law and pointed out the disadvantages of it. The types of our country's are the ordinary communal estate system, the separate property system, and the limitative communal estate. Its disadvantages are not to identify the formal and substantial essentials and not to give the range of common property and personal property, and so on.In the fifth part, the writer gives her advice on how to amend our Marriage Law. At first she gives the reason of amending our Marriage Law.Then gives her advice on how to amend it: A improving the legal status of the spouse's contractual property system, B adding the types of it, C identifying the formal and substantial essentials of it, D identifying the alteration and withdrawal of it, E identifying the contract can be made with terms or time, F identifying the administrative power of communal estate, G establishing the system of communal property presumption, H adding the restraint of dealing with one's personal property.