The Husband And Wife Agreed On The Analysis Of The Property System Practice

Marital property system is an important part of family ties, plays a very important role in family life, the relationship between the couple's property rights, and the rights of property between husband and wife and trading relationship between the third party is closely related with the stable and harmonious family, social and economic relations are closely related. Marital property system is the development of society has experienced from scratch, from imperfect to a relatively complete process. The current rapid economic development, abundant material wealth, of the family property types diverse and complex, people's attitudes change in property, property relations between husband and wife also have a great change, the statutory matrimonial property system does not cover the type of property has been emerging, property relations between husband and wife can not satisfy the distribution requirements, contractual property system in line with the current development needs diversification to meet the needs of the family property in the form of diversity. Therefore, the law in most countries of the world are on the Marital Property System made clear that. Chinese Marriage Law is also clear that the effectiveness of Marital property regime takes precedence over statutory matrimonial property regime. But the specific content is too simple, the use of judicial practice have great difficulty, a lot of problems.Article in the form of cases, analysis of the current Marital property system at the deficiencies, the introduction of Marital Property System in the legislative background and the status of the current legislation, analyzes the theory of international legislation on advanced countries to Marital Property System legislative experience, the main problems arise and explain the case put forward a sound proposal.