On The Application Of Law And The Improvement Of Related Norms Of The Property Agreement Of Husband And Wife

The marital property system is constituted by the legal marital property system and the agreed marital property system,and the marital property agreement behavior is the standard object of the marital property system.The newly revised Marriage Law regulates marital property agreement,but the relevant provisions are not comprehensive enough,which leads theorists and judicial practice of scholars,judges,lawyers on the nature of marital property agreement,type,scope,effectiveness and other aspects have different understanding,and the application of law cannot be unified.Then we can see that the same cases have different judgement.Then it will come to :the judicial credibility has suffered a huge negative impact,on the other hand,the contractual property system couldn't work well.This article mainly divides into the following four parts:The first part is about the introduction of the marital property agreement in judicial practice.First of all,enumerating the disputes of different jurisprudence in judicial practice,which can be divided into two parts: the common property agreement and marital gift;secondly,summarizing the main problems in judicial practice,which mainly from three aspects: the conflict between the rule of real right and the contractual effect of marital property,the conflict of application between contract law and marriage law,and the interweaving of emotion and economic interest between husband and wife.The second part mainly talks about the legal analysis of the marital property stipulation norm in our country.This part,based on the explanation of the property and function of matrimonial property,makes a legal analysis of the laws and regulations that are often applied in judicial practice.The first one is about the clause19 of Marriage law,which can be understood from the "binding",type and form of the provisions this three aspects.The second is about the clause 6 of the Judicial Interpretation(iii)of the "Marriage law",which mainly assesses three views in the academic field.Finally,put forward my own views.The third part is about the legislation of the property system in the world.It is divided into two parts,firstly,introduce the historical development of the marital property system outside the country,and then summarize the constitutive elements of the marital property agreement,and analyze the differences and advantages anddisadvantages of the constituent elements of the foreign countries.All above are in order to learn lessons from the foreign legislation.The forth part puts forward the legislative suggestion of perfecting the marital property system and concludes the judicial countermeasures under the current legal framework.First of all,in view of the difficulties in judicial practice and the different understanding of the marital property system,the author puts forward some suggestions on the basis of reference to the beneficial aspects of the marital property system.Secondly,the theoretical research is to serve the practice,before the legal norms have been revised and perfected,the users of law have to find a way out under the current legal framework,and the author puts forward some suggestions on how to deal with the judicial problems on the basis of the research on the theory.