Study On The Effect Of Marital Property Agreement

Marital property agreement is one of the main contents of marital property system in China.Under the background of continuous development of market economy and significant increase of personal wealth,more and more couples tend to agree on marital property system.Therefore,the autonomy of will is reflected in the field of marriage law.Although the current marriage law in our country clearly regulates the marital property agreement at the legislative level,it has to admit that the norms are too principled and generalized,the content is more general and lack of operability,which leads to the difficulty of reaching a consensus on the understanding and application of the article for the court.Especially when solving contractual disputes of marital property agreement,there is often a case of different judgments in the same case.view of this,on the basis of the relevant cases,this paper makes an in-depth discussion on the effectiveness of the marital property agreement,and at the time of the codification of the civil code,the marriage and family compilation as one of the civil code has no doubt.Improving the effect of the marital property agreement is also helpful for marriage law to return to civil law.In this paper,the problems to be studied are discussed in the following four chapters.First of all,the first chapter is the fundamental theory of the marital property agreement,which briefly explains the meaning of the marital property contract.On the basis of comparison with the property agreement signed by the general civil subject,it further points out the distinctive features of the property contract itself,and through the analysis of two different doctrines,puts forward the view of this article on its legal nature,and points out the legislative value of the marital property agreement.Secondly,the second chapter is about the effectiveness analysis of marital property agreement,including effective elements,invalid cases and the scope of validity.In terms of validity,it mainly analyzes whether the contract subject is suitable,whether the meaning of the two parties is true,whether the content of the contract is valid,and whether there is a written form,and the invalidity of the contract is based on the invalid provisions of the contract law and how the effectiveness when the marriage relationship is revoked or declared invalid.About the scope of validity of the agreement,the paper not only studies its internal effects on both sides of the subject,but also studies its external effect on the third party.Next,the third chapter is the focus of this paper,especially for three very meaningful questions.The first question is about the discussion of husband and wife's property agreement and the couple's gift between husband and wife.Through the analysis of the relevant theories,it points out how to correctly choose the corresponding legal norms.The second question is about the change of property ownership under the background of marital property agreement.The legislation has not clearly defined and there are different opinions in the academic circles on this issue.Therefore,this paper makes a detailed analysis and demonstration on the basis of sorting out the different theoretical views.The third question is about the change and revocation of the marital property agreement,which is also a legislative loophole.It is necessary to discuss whether the subject is allowed to change or revoke,and what conditions are allowed to be followed as an unavoidable problem in the daily life.Finally,through the theoretical analysis and practical studies of the second and third chapters,the fourth chapter of this article puts forward personal humble opinion on how to improve the effect of the marital property agreement.