Discussion Agreed Property System And Its Legal Perfection

As one of the main contents in Marriage Law in china, Marital Property System may be divided into statutory property system and agreed property system. The agreed property system is the system established by couple's written agreement, which disposes the items of property acquired before or during marriage, ascertains pecuniary obligations borne by couples, or liquidates and divides property when marriage goes into termination. And it absolutely or in several occasions excludes the application of statutory property system. In our country, with the development of socialist market economy, the increasing people's living standards and educational levels, the couples'right consciousness of disposing their property independently are more and more intense. Therefore, agreed property system attracts people's attention and becomes the focus of debates. Under the wide attention in the world, China is also strengthening the theoretical research and legislation of agreed property system in practice.Starting from two typical cases, this paper elaborates the basic system of property relations between husband and wife who base on national conditions of China, analyses of the nature of the agreed property system in China and other similar or related agreements distinction, as well as pointing out that the provisions for agreed property system in the Marriage Law are Imperfect, and presents some suggestions for China's agreed property system Legislative improvement.The body of the paper is divided into four parts.Chapter one introduces research topic and methods in two cases.Chapter two discourses the basic content of agreed property system in China in detail. First, it elaborates the basic system of property relations between husband and wife which bases on national conditions of China. Next, it discusses the statutory property system and agreed property system separately, focusing on agreed property system, comparing the relationship between the two.Chapter three elaborates on the behavior of the couples'agreed on the property in the agreed property system. Giving a general overview of the concept and scope of the agreement in agreed property system, it expects that agreed property system agreement as a special nature is enabled to differentiate it from other similar or related agreements through comparing the two.Chapter four dicusses about the problems of agreed property system and improves the system's recommendations, mainly including agreed property system agreement effective time, principal capacity for civil conduct in agreed property system, external validity in agreed property system, economic compensation in agreed property system.