Marital Property System Study

An antenuptial contract system is a system that the spouse make the contract which is concluded between two prospective spouses prior to their intended marriage and which embodies the matrimonial property regime that shall be applicable to the marriage as well as any modifications thereto made by the parties. The parties may include any terms and conditions in the antenuptial contract which they wish to be applicable to their intended marriage, provided that such terms and conditions are not illegal, immoral or contrary to public convictions. According to our <>, there are three matrimonial property regimes in China: seperate property system, community of property system, and part community of property system. The article includes three parts.The first part illustrates the legal attribute ,concept,and the law suitability of the antenuptial contract. Then analyses the content ,type and the nature of the antiqual contract.The second part studies on the effective requirements of the antenuptial contract through analysing relative legal regulation of foreign contries. Then illustrates from the aspect of the parties, intention expression; content and the requirement of form.The third part discusses the legal valid of the antenuptial contract, in which it includes the analysis of the effective date of different type of property contract, the illustration of legal valid of the antenuptial contract from interior and exterior aspects.