On The Agreement System Of Marital Property

Family is the basic component, and only family stability, social order and stability. The main content of the husband and wife as the family property relations in the family occupies a very important position, reasonable handling the property relations between husband and wife in order to make family stability. Given these factors, countries have made marital property more specific legislation, the matrimonial property agreement into legal property system and property system. Marital property system as a manifestation of a more gender equality and the meaning of freedom, it has been more and more state support. Foreign marital property system established, due to the long tradition of marital property system in China’s establishment also experienced by do not recognized gradually by the accreditation process, until2001after the revised Marriage Law has made systematic provisions.With the development of our national economy, personal wealth increases, and the change of people thinking idea, marital property system has become the focus of discussion, but because of imperfect legislation, in the judicial practice there are many different co-decision sentenced phenomenon, these phenomena show that the current marital property system in the relevant legislation has been can’t adapt to the development of the society.This paper from the marital property system in the concept and legislation, with the continental law system and Anglo-American law system of representative legislation comparison, pointing out that2001of marriage law in marital property system deficiencies, and put forward some legislative suggestions.In addition to this introduction and conclusions, is divided into four parts.Firstly, The marital property system overview.Through the introduction of marital property system in the concept, characteristics, and other property relationship, marital property system in the theoretical basis and system value, appointed property system of husband and wife have a general understanding of.Secondly, this paper also on marital property system in the theoretical foundation in detail, although the theoretical circles on the marital property system in the theory scholars have expressed a different view, but in essence, the marital property system is a civil contract, but because it has the certain physical attributes, therefore have its special place.The second part, introduced the relevant foreign marital property system legislation.In order to reflect the different legal systems in the marital property system in aspects of the characteristics, which can be divided into the continental law system and Anglo-American law system two parts to carry on the discussion, by listing the different countries in the marital property system in aspects of specific legislation, and comparative research, for the marital property system in China the research way.The third part, China’s marital property’ legislations, and the problems existing in practice. Divided into two parts, one, marital property system in China’s legislative evolution and the present legislation shortcomings, such as too simple, no public announcement system, the lack of change or cancellation procedures and so on, a serious lack of maneuverability. Second, any system being developed will be verified in practice, so the marital property system is not exceptional also, here will be elaborated in the practice of the marital property system is how to run, whether for most couples used, as well as trial and what problems there. Because of imperfect legislation, in practice there are many different co-decision sentenced phenomenon.Finally, On perfecting marital property system, is the core.First of all, the marital property system in kinds of rules can be divided into closed legislative mode and open mode of legislation of two, according to China’s marriage law to make regulations, theory circle generally holds in our marital property system in the species is used in closed mode of legislation, law of marriage defined these three kinds of marital property system in the form not only cannot contain all the circumstances, but not typical.Therefore, the author thinks that can profit from the overseas related legislation the marital property system in the species classified as agreed joint property system, property system and the rest of the common property system, and the legislation should be clear if the couple failed in this three kinds of property are chosen, also cannot entirely is deemed invalid, depending on the circumstances; On the matrimonial property agreement established and came into question, this article has also made corresponding analysis:since it is a husband and wife can do property, then it should be clear property agreement effective time and effective conditions should be defined before marriage, after marriage can make or property, just premarital property in marriage will not take effect, while the husband and wife property agreement effective requirement not only to include the main elements, but also should meet the object and content requirements, since the provisions of the matrimonial property requirement of effectiveness, it should also be clear under what circumstances the agreement is invalid; the promissory spouse property may be related to the rights and interests of the third person, therefore, the husband and wife property agreement to use to form, and for the public; the couple’s property reflects the meaning of the parties free, in agreement to the couple’s property change, should provide corresponding change procedure; the couple’s property and the related problems are discussed, in order to improve Marital Property system. Including the marital property system in marriage and property changes in the rules apply, marital property system and marital obligations, marital property system and the common debts of cognizance and settlement, marital property system and the marital tort liability.The last part of the dissertation expounds the main idea of the thesis, and proposed to the marital property system in theory and practice...