The Effectiveness Of The Husband And Wife Agreement In China

According to the present Marriage Law in China,the scope of the agreed property of husband and wife in China includes the agreement on marital property system,the agreement on joint debt and the agreement on the gift of husband and wife's personal property.Many couples,or those who are ready to register for husband and wife,pay more attention to the property relationship between each other,and begin to agree on the property ownership of each other,the share of debt payment,personal property grants,etc.,to avoid property disputes between each other,in order to prevent and resolve disputes caused by husband and wife property.The relevant laws and judicial interpretations have also begun to stipulate the property relationship between husband and wife.However,in view of the natural lag of the law,the law stipulates that the husband and wife can allocate the belongings of husband and wife by the way of agreement,but it is only the principle of principle,and the agreement on the property of the husband and wife.The nature,validity and so on do not have clear qualitative,lack of specific maneuverability,and even lead to the judge for the nature of the agreement to determine the nature of the application of different laws,and ultimately there is a situation of different judgments in the same case.Therefore,how to accurately interpret the validity of husband and wife property agreement from the current law and form a unified applicable standard is of guiding significance for both theory and practice.This paper mainly analyzes the effectiveness of marital contract property in China from four aspects,the specific structure is as follows:Part one: the effect of the agreement on the property system of husband and wife.This part discusses the basic rules of the contract property system to analyze the effect of the husband and wife property agreement under the contract property system.First of all,it introduces the basic rules of the husband and wife's agreed property system,including the concept,characteristics and functions of the contractual property system,the types of the contractual property system,the nature of the behavior of the contractual property system;The effective elements of the agreement on the system of agreed property.On this basis,the author focuses on the analysis of the validity of the marital property agreement under the system of husband and wife's agreed property in China,including the different legal effects arising from the difference of the agreed time and the different contents of the agreement.China The law only stipulates that husband and wife can make an agreement on the property acquired during the marriage and the property before marriage,and does not specify what legal effect the agreement at different time points will have.However,theoretically speaking,pre-marital agreement or post-marriage agreement will have different legal effects on the validity of the agreement,and even the property agreement made after marriage,its effect will be different with the different contents of the agreement.The second part: the validity of the agreement on the share of the conjugal debt payment.At the beginning of this year,the interpretation of the law related issues concerning the application of the law concerning the cases involving marital disputes was issued by the supreme law.(hereinafter referred to as "< explanation >"),the principle of "common debt co signing" was established in the standard of identification of the common debts of the husband and wife.The wife concluded a agreement on how the joint debt of a husband and wife would be paid,and the effect of the agreement on the contracting parties and the effectiveness of the third people outside the parties needed to be treated differently.The agreement of the husband and wife about the share of paying off the common debt is private,the third party has no possibility of knowing whether the agreement exists or not.Therefore,even if there is an agreement between husband and wife on the share of paying off the common debt,the effect of the agreement must be treated differently,that is,it can be divided into two aspects: internal effect and external effect.In terms of internal validity(that is,between husband and wife),it can be established and effective only if the conditions for the conclusion of a general civil contract are satisfied.But in terms of external effectiveness,there is a need for stricter standards.In order to safeguard the security of the transaction and the legitimate rights and interests of the third party,the agreement on the share of the husband and wife to pay off the common debt,If the third party is not aware of the existence of the agreement,the agreement will not have the effect against the third party,and whether the third party is informed or not,the burden of proof lies with the husband and wife.The third part: the validity of the agreement on the gift of personal property between husband and wife.Whether the contract property system includes the gift agreement between husband and wife,and how the gift behavior between husband and wife determines directly whether the agreement should be applied to the Marriage Law or contract Law,further affects the validity of the agreement.This part draws the conclusion through the empirical analysis: the contract property system of our country does not include the gift agreement between husband and wife,and the contract of gift between husband and wife should apply the stipulation of contract law on gift contract,and the agreement can not directly produce the effect of real right change.The party receiving the gift can only exercise the right of claim according to the agreement,and complete the delivery according to the rules of alteration of real right Or after registration,property rights are transferred.The fourth part: through the discussion of the above three parts,the author summarizes the validity of the agreement on marital property in our country,the effect of the share agreement of paying off the joint debt between husband and wife,and the effect of the act of gift between husband and wife.At the same time,this paper points out the problems existing in the current Marriage Law in the agreement of husband and wife property,and correspondingly,puts forward some suggestions to solve these problems in order to unify the criterion of validity of the agreement of husband and wife property in practice.Better guide couples to property agreements.