Husband And Wife Agreed Property System Research

The family is society the most basic unit, has both its natural attribute, also bear the generation and consumption of social attributes. With the development of market economy, the individual participates in the market economy activities more frequently, personal property types and forms are complicated; along with the quickening of the legal process, for their own personal property of free control and punish will become more and more strong. Naturally, the marital property relations need to be adjusted by law. Judicial practice indicates, China’s marital property disputes also increase gradually, the pure legal property system has been unable to meet the needs of the people, and agreed property system of legal property system to add, to meet the greatest degree of marriage litigant’s demand.In2001the new "marriage law" the nineteenth stipulation:" the husband and wife can agree on the existence of marriage and property acquired during the their premarital property to all, common to all or part of their all, some common to all. The agreement shall be made in written form. No agreement or the agreement is not clear, for the seventeenth article of this law, the provisions of article eighteenth. The existence of marriage and property acquired during the prenuptial agreement, binding on both parties. During the existence of marriage from the property of their respective agreed to all, either husband or wife the debt owed by third, who knows the agreements, to either husband or wife of liquidation of the property." This is our country on marital property system in the regulation. From the legislative present situation, marital property system has shortcomings. This paper attempts to analyze the argument, in the existing legislation proposals. The article besides preface and conclusion, is divided into five parts.Preface:introduces the background and significance of topics and research status at home and abroad.The first part:introduction to the two case and the focus of disputes, and put forward the question. By two a premarital agreement property agreement of husband and wife property dispute case, found the disputes arising in premarital property agreement as to the nature and validity of. The second part:the marital property system theory. The main part of interpretation of the marital property system in the concept and content of.The third part:on marital property system in the relevant provisions. This part mainly introduced Japan, Germany, Italy and Portugal G4on marital property system in the state as well as the relevant foreign legislation.The fourth part:marital property system in China is insufficient and perfect the legislation. This part focuses on the marital property system in China the lack of uncertainty, ambiguity, lack of external validity, vulnerability, lack of change or cancel the operation, and from the following aspects to improve, provisions agreed time, expressly agreed to form, perfect agreement content, the implementation of property registration system, specific provisions to change or cancellation procedures.Conclusion:this part of the paper mainly discusses the problem of summing up.