Discourse The Prenuptial Agreement

Prenuptial agreement, had served as a Western imported goods, many people viewed as a direct example of marriage linked with the money. However, the reform and opening up three decades, with the accelerating social development, the traditional concept of marriage and the family is undergoing change, and by the influence of the Western concept of marriage and family. It is in this trend, the prenuptial agreement went into our marriage and family, which contains the personal autonomy and the concept of equality and freedom has caused a tremendous impact on China’s traditional view of marriage. Appear in the judicial field, many co-contracting disputes the validity of the premarital agreement becomes exposed.This article is divided into three parts:The first part discussed the legitimacy basis of the prenuptial agreement, mainly generated from the contract of marriage, the progress of the marriage contract theory meaning and marriage to introduce the concept of a marriage contract on the contractual nature of the essence of the theory of marriage contract before marriage the legitimacy of the agreement for contrast.The second part of the specific analysis of the effectiveness of the prenuptial agreement, will analyze the contents of the characteristics of the prenuptial agreement divided into two parts. The less controversial property agreement, a simple discussion focused on the effectiveness of the agreed upon by the husband and wife spouses the right to elaborate. Spouse the right to the convention are more diverse, so a typical case as the basis for separate discussion. Characteristics agreed upon by the spouses the right to specific provisions on the law discusses the case to loyalty agreements, for example, to the empty bed fee case, for example self-creation of the parties involved agreed the effectiveness of the freedom of marriage and controversy to the specific analysis, the final agreement the case of reproductive described point of view for example the effectiveness of the agreement for violation of the provisions of the law prohibits.The third part of the existing legal provisions may relate to the terms of the prenuptial agreement to list them all, one of the defects and improve the advice, the premarital agreement as a special contract whether by contract law to adjust briefly.