| The couple agreed property system in many countries have been established andobtained more priority effectiveness than the legal property system, this basically reason is thecouple agreed property system itself with husband and wife of autonomy principle and thefunction of preventing disputes in advance of the decision."Marriage law" in China in1980,the couple agreed property system is established. The amendment of marriage of law in2001improved the couple agreed property system in many ways, and made it more operational, soas to promote the system in the development of our country. But for now the couple agreedproperty system in reality there still exists many problems, such as, how nature as the verdict,how effective elements, whether can be changed and revoked after signing, the effectivenessof how to determine the other issues are still not clearly defined，there is also a great disputesin theoretical circles. This thesis tries to take advantage of the Law hermeneutics, historicalresearch and comparative study of China’s couples appointed property system analysis, anddrawing on the relevant provisions of the foreign, in the couple agreed to analyses the currentproperty system, and on the basis of the system is the deficiency of some improvementSuggestions are given, so as to provide theoretical basis for the judicial practice.This thesis is composed by three parts of the preface, body and conclusion. The prefaceof this thesis is the introduction of the guidance; The body is the focus of this article, theauthor’s questions of the study and ideas in this part will be reflected; epilogue part is tosummary of this paper.Text and divided into four parts:The first part is the couple agreed to the property system theory and legislation valueinvestigation, through the system to the theoretical basis of investigation on the couple agreedto let us have a basic understanding of the system and its legislative value.The second part is the history of the couple agreed property system study. This part ofthe main combed the couple agreed property system in foreign and domestic developmenthistory.The third part is the couple agreed property system in our country law review andcomment. This part introduces our country’s current property system in a more windangel,and comment its shortcomings of the problem,and the fourth part improvementsuggestions are on the basic of this.The fourth part is the perfect our country’s system of couple’s agreed property of thelegislative proposals. In the third part of this part of the basis of the couple agreed for ourcurrent property system problems once again is analyzed, and proposal to learn from foreign practices to improve the system. |
