Legislation Research Of Promissory Marital Property System

As the reform and opening-up go deeper, the structure of marital property is increasinglycomplicated, and the amount of marital property are becoming bigger, besides, the marriageparties argue more and more fiercely as to property. As one of important marital propertysystems, promissory marital property system gives full freedom to marriage parties in privatelaw area and allows marriage parties to dispose of property independently within the scopeprovided by the law, which is of great importance to avoid family disputes, and balance theinterests of the marriage parties and the third party as well as maintain family’s harmony andsteady. This paper conducts research on legislation of promissory marital property system,whose basic idea is about what the promissory marital property system shall be, how thesystem develops in our country, how the system shall be prescribed, what insufficiencies anddilemmas the system has and how the solutions shall be worked out.The writer makes brief introduction about the basic theory of promissory maritalproperty system in part one. Working on exploring the concept and features of promissorymarital property system, makes a comparative study on differences and connections betweenpromissory marital property system and statutory marital property system as well as separateproperty system, which helps to accurately master the concept and features of promissorymarital property system to be studied, so as to lay a study foundation for the following parts;besides, it probes into the nature of promissory marital property system, which clarifies thesystem belonging and law application of promissory marital property system; moreover, itgives directions for specific system establishment and improvement through studying valueorientation of legislation of promissory marital property system; in addition to analyzingnecessity of promissory marital property system from a new perspective, it has proved thetheoretical and practical significance of the study contents in this paper.The writer studies mainly the development situation of promissory marital propertysystem in China in part two, which makes use of historical study methods to expose thedevelopment progress of promissory marital property system in China by means of analyzingthree stages of promissory marital property system. It carries out deep analysis on maincontents, namely, the specific contents of current promissory marital property system,including promissory marital property system’s categories, conditions precedent, promissorycontents, legal effect, etc, which provides a analyzing foundation for legislation proposal. The writer investigate and analysis the promissory marital property system in the partthree. This part mainly through studying the present situation of promissory marital propertysystem in foreign to offer path to advance this system in China.The writer analysis the insufficient of he promissory marital property system and how toimprove it in China. Based on necessary study on basic theory and development situation ofpromissory marital property system in China, makes conclusions for insufficiencies anddilemmas in respects of legislation principle, system, contents, external effect, conditionsprecedent, and connections to related systems of promissory marital property system incontemporary area in China, by virtue of learning the lesson from relevant legislationexperience in foreign countries as well as combining with China’s practical conditions to seekfor an approach to improve promissory marital property system, therefore, solutions to resolvethe dilemmas of the system in China can be offered within the writer’s ability. The writersupposes that in reference to legislation, the opportunity of construction of Civil Code shall betaken to improve promissory marital property system, amend relevant provisions of currentpromissory marital property system, clearly define the promissory time of husband-and-wifeproperty, and increase establishment of general provisions of marital property system andpromissory marital property system, and systems under promissory marital property system,such as conditions precedent, announcement, alteration, revocation.Based on the previousstudy, the writer probes into promissory marital property system, who goes deep into analysison current promissory marital property system in China by integrating basic theory, natureand value orientation of promissory marital property system, and sets forth his ideas afterrational analysis, in order to make contributions to development of promissory maritalproperty system in China.