Study On The Spouse's Contractual Property System

The Spouse's Contractual Property System is developed and established under the Chinese social changes of latest 30 years, and also has played a huge role to the Chinese spouse's property relations adjustment. But the Spouse's Contractual Property System still has many flaws. It becomes clearer especially after we make the comparative analysis between Chinese legislation and European law system and common law system. Considered based on the present China's social reality that, the Spouse's Contractual Property System is played a huge role to the marriage relation maintenance and the social transaction security which cannot be underestimated. But in the adaptation of the general provisions, it reflects some problems such as the determining of the effectiveness of the contract, the variation and withdrawal of the contract and the registering system. Furthermore, could the principle of the contract law be extended in the marriage and family relationship and be adopted in the Spouse's Contractual Property System? Does the application of the Spouse's Contractual Property System have its own particularity? To answer these problems and questions, this paper divides into four parts:First section focused on the legal analysis of the Spouse's Contractual Property System. First is the conception and value of the Spouse's Contractual Property System, second is the legislation evolution and the content of the Spouse's Contractual Property System, finally is mainly about the comparative analysis with the foreign legislation practice, the detailed contents of the foreign legislation, and pursues the legislation model, then find out the legislation reference for China.Section two to four analyzes the current legal problems of the System through out the case studies. Section two focuses on the validity, section three mainly analyzes the revocation and variation, section four is about the registering system. Each part above is problem-oriented. After introducing and analyzing the flaws of the system, these parts emphatically elaborate the legislative suggestion or methods of judicial decision, which can consummate the Spouse's Contractual Property System of China.