Research On The Theory Of Marital Property Agreement System

Marital relationship including personal relationship and property relationship and the basis of family life's material is the property relations. It's so important to set up perfect marital property system for the family life and social stability.In the financial system, the system of legal property and agreed property are combined in our country.Contractual property production as an important supplement to the legal property system.Marital property system is refers to the couple reach agreement on the property before or after marriage, which included income property ownership,debt repayment, post divorce property division and so on.In order to meet the marriage agreement property issues,our country's Marriage Law clearly defines the property agreement such as condition, content, form, effect,agreed after the liquidation of the debt and a series of problems. It making the system more operational, legal and fully reflects our respect for the spouses and protection of individual property rights in marriage.However, the Marriage Law with Judicial interpretation have contradictions and conflicts on apply. There are different understanding for property rights transfer and property ownership problems. How to reconcile the Marriage Law and the Property Law,Contract Law is the key to application.With the particularity of identity and the particularity of the property content, how to improve the marital property agreement system, in order to better balance the interests of the parties subject is very important for the stable and social order.The study of Marital relationship agreed property system in our country, as the starting point to the Marriage Law regulation.Analyzed the basic theory of the marital property agreement system, the concept of marital property agreement system, the nature of the establishment of the conditions and the historical evolution unfold discussed and abroad States matrimonial property agreement set forth the relevant provisions, and the system of matrimonial property agreement are compared, it summed place worth learning. Finally,the current situation of the relevant legislation matrimonial property agreement are analyzed, and the system of matrimonial property agreement inadequacies of existing legislation put forward a sound proposal.