The Character And Application Of Marital Property Agreement

This article mainly focuses on the definition of the character of the marital property agreement and its application in judicial practice.First of all,the dissertation sums up the theoretical controversy on how the marital property agreement in our country exists qualitatively and extraterritorial legislation.Secondly,through the case analysis,it applies the relevant law to the specific case so as to make it clear that the application of different laws in different situations will produce what kind of different legal consequences.Finally,the dissertation discusses the character of the gift of the marital property system by the method of jurisprudence,and draws the conclusion of this dissertation.The first chapter mainly discusses the concept of marital property agreement.At first,the author introduced five main cases which led to several major situations that the current domestic marital property agreement will lead to,and then trigger the discussion of the nature of marital property agreement and the discussion of legal application.The second chapter mainly discusses the nature of marital property agreement.First,comparing the marital property agreement with the gift contract.According to the provisions of Article 6 of the �Interpretation of the Marriage Law(III)�,there is no difference between the marital gift contract and the general gift contract in Chineselaw,and the corresponding legal effect can be directly applied to Article 186 of the�Contract Law�.However,Article 6 of Interpretation of the Marriage Law(III)will have many drawbacks in its application.Firstly,treating all gifts separately from some gifts will have extremely unfair consequences on some occasions;secondly,it will only determine whether or not the registration is used to determine property rights.The criteria for mourning are biased.If there is a flash marriage break or a long-term marriage but no registration,it is hardly fair for all parties.It would be contrary to the "marriage law" to explain the theory that the use of tools is less value oriented.Value orientation,and contrary to life practices.From the analysis of the motivation of the donation behavior,it can be concluded that the gratuitous nature of the gift is exchanged with the tilt of the status,and whether the husband and wife given or accepted the real estate know exactly the legal consequences of the donation will be open to question;while the husband and wife give real estate.Motivation is exactly the opposite of gift motive.It pursues a more stable and lasting life for couples in the future common life,and pursues an equal legal status.Therefore,it is not appropriate to characterize the husband and wife property as a gift contract.So is the marital property agreement a contact of contracted property system? The answer is yes.The legislation of Chinese contracted property system has gone through a process of development of respect for the free will of the parties.There are two types of legislative models in the world: the contracted property system and the original one.Article 19 of the �Marriage Law� stipulates that the country's contracted property system covers not only all types of property that couples can choose,but also the circumstances of summarizing the property of the couple and stipulating the specific property separately.And from the empirical point of view,the marital property agreement contains the consensual intention after the comprehensive consideration of the couple,is the way to adjust the marriage through the consensual,the agreement of the specific property is also consistent with the practice of life,the marital property agreement also helps to achieve the efficiency balance with fairness.Chapter 3 based on the conclusions drawn in Chapter 2.First analyzing whetherproperty law should be involved in the field of marital life.By considering the advantages and disadvantages of the application of the property law under the family property relationship,it is concluded that the property law should maintain its modesty in the area of marriage and family.Later,through the recognition and the legal property system,agreed property system can also be directly based on legal provisions of the effectiveness of property rights changes,but further punishment is required to complete the publicity means,otherwise it can not be against goodwill third parties.Finally,in the discussion of whether there is space for application of the contract law gift-giving rule,it is considered that the judge can exercise discretion,and the total sum is taken into account whether the parties' marital status determines whether they are deemed as gifts and whether they can exercise arbitrary revocation rights.