The Application Of Laws Of The Marital Property System Contract

Both husband and wife may choose the property system suitab le for both parties in accordance with the law,and the agreement reached for this purpose is the marital property system contract.The application of laws of the marital property system contract is different from the general property contract.To study the application of laws of the marital property system contract,we should first study the nature of the contract.The marital property system contract is different from the general property agreement between the husband and the wife and the agreement of the gift.The marital property system contract is not only a simple property agreement,but also inseparable from the marital relationship.This type of contract belongs to the essential contract and unspecified contract.The contract,which combines personality and property,is not only subject to adjustment by property law such as contract law or property law,but also subject to the adjustment of the identity law such as the marriage law.In the establishment and entry into force of the contract,in addition to meeting the requirements for the establishment of the general property contract,the personal character of the contract should also be considered,taking into account the emotional factors contained in the family relationship,and determining the validity of the contract from various aspects.When the marital property system contract involves the change of the real property right,because it involves the registration of real estate,the author believes that it should start from the inside and outside of the relationship,and within the relationship,the agreement between the husband and the wife on the real estate includes the transfer of the two parties.Therefore,the claim for claims of the unregistered party may be analogized to "real right tendency of creditor's right",giving the unregistered party the right to possess,use,income and disposal,but the disciplinary power does not have the effectiveness of confrontation;Outside the relationship between husband and wife,it shall be registered as an effective requirement for changes in the right to immovable property in accordance with the mandatory provisions of the Property Law.