On The Contractual Marital Property System In China

With the rapid development of market economy in our country, the growing of personal wealth of husband and wife, values change, conventional marital property is made to the centre of attention. Provisions on conventional marital property system in our country, the centralism manifests in 2001 in the revised "marriage law" the provisions of article 19, but regulation is too broad enough, and the related content not clear. Understanding the qualitative of the marital property agreement and applicable law, our country academic circles dispute is not little, practice applicable difference is very big, to the rights and obligations of the parties caused uncertainty, directly affect the agreement of the marital property system. This paper, based on the analysis of problems of need(except introduction), the total is divided into three parts, about 24000 words, the main contents are as follows:The first chapter: agreed overview of the marital property system. Agreed this part firstly introduces the concept of marital property system, and then analyzed the nature of the prescribed marital property, finally expounds the characteristics of conventional marital property system.The second chapter, the current contract analysis of marital property system. This chapter firstly introduces the agreed property system in our country’s legislative evolution, observe its development and progress. Then to our country prescribed marital property system from the main body, scope, content, form and effective conditions of law interpretation. Finally on the basis of statutory interpretation, with three cases(husband and wife property disputes) and to explore the types of conventional marital property system the author problems, focusing on the analysis of the system of legal application.The third chapter, the improvement of the conventional marital property system in our country. In countries or analogy in this chapter, on the basis of legislative cases in other regions, summarizes the system defect of agreed property system in China: the marital property system type is not explicitly agreed, foreign public has not been established, analyze the advantages and disadvantages of the system than the other countries, from which draws the experiences of which accords with the situation of our country and put forward corresponding perfecting suggestion.