Research On The Marital Agreed Property System In China

The Marital Agreed Property System is an important part of the marriage and family law,but there are also some problems,such as imperfect system,unclear nature,and lack of close connection with the general property law.They are reflected in three aspects: Firstly,whether the Marital Agreed Property System has the effect of property right change;Secondly,whether the husband and wife agree that one party's property is owned by the other party or jointly owned should be recognized as the marital agreed property or general donation;Thirdly,whether the two parties have joint debt under the Separate Property System.At present,the Marital Agreed Property System in China follows the selective legislative mode,and the parties can only choose one of the three legal modes when concluding the Marital Agreed Property.This makes the marital agreement that “one party agrees all his or her property owns to the other party” is excluded from the framework of the Marital Agreed Property System,and can only be determined according to the donation behavior.It separates the integrity of the Marital Agreed Property System.The general view is that the Marital Agreed Property System has the effect of real rights change internally,which does not have to follow the publication effective mode,but it does not reflect in the relevant laws directly.In addition,there are still objections on the specific application of property right change rules in the Marital Agreed Property System,and the legal consequences caused by different property right change rules are significantly different;and whether there is marital joint debt under the Agreed Separate Property System has not been responded in legislation.Interpretation of the Supreme People's Court on the application of law in the trial of cases involving marital debt disputes and The third deliberation draft of marriage and family in civil code(here in after referred to as The third deliberation draft of marriage and family)are not involved.On the one hand,the legislative principles of the marriage and family law claims broad outline rather than detailed content,which makes the relevant rules of the Marital Agreed Property System deficient,the legal status of the Marital Agreed Property System less prominent,and the multiple coordination of value orientation insufficient.On the other hand,it is also closely related to the legislative mode of the Selective Marital Agreed Property System and the unclear nature of the Marital Agreed Property System.In the relevant legislative improvement,we should make clear the effective rules of the Marital Agreed Property System,and those who have a marriage relationship can become the main body of the Marital Agreed Property System;The original legislative mode of the Marital Agreed Property System should be established,which makes the content of the property system be agreed by the husband and wife,instead of the content chosen by the law;The identity of the Marital Agreed Property System should be emphasized,and it should be distinguished from the donation behavior,so as to ensure the integrity of the Marital Agreed Property System.According to the rule of property right change based on non-legal act,the real right effect of the Marital Agreed Property System is determined,and the marital joint debt system under the Separate Property System is constructed according to the rule of“joint signature + daily family affairs agency right”.