Research On The Legal Issues Of Contractual Marital Property System In China

Contractual marital property is an important part of the marital property system,which means that the parties to the marriage in the agreement on the way the property of their husband and wife of the independent arrangements,and exclusion of the statutory property system applicable to the system.In2001,the revised "marriage law" is based on the national conditions,and makes specific provisions on the content,form and effect of the agreed property system.However,with the development of social economy,citizens property increase,social value pluralizing,the current legislative provisions of the contractual property system is simple,easy to operate,it has been difficult to adapt to the increasingly complex marital property relations in practice.Judicial personnel of agreed property system caused by different understanding of property between spouses in the practice of contract law applicable to the chaos,to the marriage rights and obligations of parties to bring uncertainty,not conducive to the protection of marital property rights.The author thinks that clarifying the basic theory of the contractual property system is the premise of the accurate identification of the marital property agreement and the correct judgment.In addition to the introduction and conclusion this paper is divided into five parts:The first part is an overview of contractual marital property system.This part introduces the concept and characteristics of the contractual marital property system,focusing on the nature of the system and its legislative significance,which lays a theoretical foundation for the discussion of the applicable law of the contractual property system.The second part is a comparative study of the contractual marital property system in foreign countries.This part analyzes the legislation on marital property system in the two major countries,and have agreed to the requirements,content,effect of comparative study,in order to improve and provide reference and guidance to the legislation of China.The third part is about the analysis and perfection of the contractual marital property system in our country.This section discusses the legislative history and current situation of agreed property system in China focuses on the marital property system legislation,lack of legislation in the qualification of the subject,legislation mode,internal validity,external publicity and other matters stipulated in our country,and the related problems puts forward some improvement suggestions.The fourth part is about the influence of contractual marital property system in our country.This part will be for the academic views agreed property system of property changes to be compared,characteristics,property changes through the discussion of the real right change the basic form and agreed property system concluded: marital property ownership agreement with non legal acts according to changes in property characteristics,without the need to perform the principle of publicity,can direct property the right to change between husband and wife.The fifth part,the marital property agreement system under the agreement between husband and wife property grant effect.The donation agreement with the general behavior of the gift of marital property,and discussed the reason of the special rules for the gift,pointed out that the real estate gift between husband and wife agreed to the contract property,spouses are bound by the agreement.