On The System Of Agreed Spouse Property

The family constitutes the important part of the society and theharmony and stability of family is closely related to that of society. As animportant part of family relations, the spouse property system ensures thesmooth operation of the family life and plays an essential role in the safetyissues on the civil transaction process of marital property. Although peoplecall for diversified means on the disposal and usage of their propertyincreasingly, traditional matrimonial regime concept undergoes great impact,various property relationship among couples emerges, traditional legalproperty system can not meet the demand distribution of spouse propertyand couples begin to agree on the distribution of property, but there are onlythree clauses on the agreed spouse property system in Marriage Law inChina. In60years after the establishment of new China, the economicdevelopment advances rapidly, so it is clear that three clauses of Marriage Law can not satisfy the demand for the law on the agreed spouse propertyany more. For this reason, this thesis puts forward relevant suggestion onproblems of spouse property system from the perspective of legislation.Apart from the introduction and the conclusion, this thesis consists offour parts. The first part is the overview of the agreed spouse propertysystem, which mainly expounds its concept and nature. The second part isabout the foreign agreed spouse property systems, which introduces agreedspouse property systems in various countries and its essential elements. Thethird part is the domestic agreed spouse property system, which explores itsestablishment condition and legal force. The fourth part is about theshortcomings and the legislative suggestions on the domestic agreed spouseproperty system, which puts forward the author’s views on how to perfectthe establishment condition and legal force of the agreed spouse propertysystem based on the analysis of domestic agreed spouse property system.