The Study Of Promissory Marital Property System In China

The promissory martial property system,as one of the regulation of martial property adjustment,is the representation of will autonomy rule in marriage and family.The promissory martial property system affects not only the marriage and family life,but also the civil and commercial acts of spouses and their counterparts.However,juridical practice has provoked wide controversy in martial property for only principles without practical clauses in current laws,for example,dissension after martial property agreement,lack of guarantee for counterparts' transactions,whether property occurs directly under the martial property system,whether applied to principal-agent system,alteration or cancellation.Therefore,the future marriage and family legislation should consummate it and set practical rules.The paper will discuss from four aspects.First,the outline of Promissory Martial Property System.The subjects of the promissory martial property system should include both couples and couples-to-be,and the content is property which must be written.It has ruled out statutory marital property system of priority and the dependent from belong to personal relationships.According to the legal behavior and purpose,the marital property agreement belongs to the property behavior,which should be prior applied to the Marriage Law.So it has particular effective factors except satisfying factors of general civil act.Second,the overview of Promissory Martial Property System legislation.The Promissory Martial Property System started late,developed slowly and affected by economy,history,culture and marriage,which leads to incomplete legal system.The current legislation gives brief rules of subjects,contents,terms and validity while the lack of clauses,prescribed type,publicity system,alteration and cancellation causes difficulty and chaotic juridical practice.Third,the practice of Promissory Martial Property System.The Promissory Martial Property System in our country is free creation,which includes martial grant act,so martial property and martial grant should be prior applied to the Marriage Law,that's to say,property occurs directly under the martial property without delivery or registration.As property act,the martial property can be applied to principal-agent system and also be altered or cancelled.Forth,the optimization of Promissory Martial Property System legislation.This aspect sets normative clauses which have rule of law with Chinese characteristics,starting from value of legislation and based on judicial ideas of liberty,equality,stability of transactions and safety.For example,subjects of normative clauses should contain both couples and couples-to-be,appointment could be before or after marriage,free convention also allowed besides community of property regime,separation of property regime and restricted community of property regime,to determine publicity regime of double-track system,to declare to register deparyment when alteration and cancellation.