Husband And Wife Agreed Property System Research

Our country in the1980s "marriage law" in the form of prescribed proviso for the first time, and clearly agreed property system for principle, legal property system agreed property system as added. As the changes of The Times, new marriage law is designed to agreed property shall be made the rules. But the new marriage laws to agreed the provisions of the system of property too simple, the use of some basic concept is not accurate enough, some important system also do not involve. To improve our legislation, effectively regulate marriage property relationships both parties and deal with the couple agreed property system carries on the comprehensive analysis. On the basis of based on the domestic conditions, referencing advanced legislative experience, to perfect China’s legislative Suggestions.In the belongings of husband and wife agreed system, the subject of belongings of husband and wife agreed to determine for couples and marriage of men and women, which defines the couple months time for agreed property before marriage and after marriage. In addition, both concluded marriage does not have full civil capacity, via its legal agent, guardian, property manager after such personnel agree the by-laws of the validity of the marital property agreement, or limited license these personnel can directly for the full capacity for civil conduct couple party contracted. Belongings of husband and wife agreed into internal and external force. Internally effect not only include substantial requirements and form elements, and formal requirements is a theory of countries’ legislation this controversy, there are two kinds of different provisions, one kind is respect for the principle of party autonomy, the law on the agreement concluded the way does not make the request, namely take don’t type socialist; Another kind is by law, otherwise agreed the form between invalid. This approach for quite used by most nations, they think, agreed with the system of property the effectiveness of the system of property priority complete, but it is also the preferred effectiveness and agreed to a third party is not easily, known as confidentiality of property ownership of all countries agreed to the form and the effect is relatively strict rules on personal freedom, and tries to avoid mean to trading order and the couple unnecessary systems. Foreign effectiveness of marital property agreement concluded between husband and wife is not just the process of independent processing property relationship, the third is likely to involve the interests of security. To produce the outside notting have two ways:one is in produce civil deal with a third person in the process, any party can couple a property agreement told the third person;2it is husband and wife to perform the law requires foreign effectiveness marital property agreement after elements can produce foreign effectiveness, they should be informed of third party. The change of belongings of husband and wife agreed respectively from the change of the couple agreed property from two aspects and cancellation of interpretation. Through examples Germany and France as well as the domestic legislation explains two concepts the rationality of the couple agreed property change the couple agreed and discusses the essence and property irrevocable retrocative and cancellation right exercise subject.