Research On The Effectiveness Of Marital Property Agreement

After the reform and opening up,the family property has increased significantly,people's values have become more and more open,and the traditional joint property system of husband and wife has become obsolete in adapting to the needs of the people.At the same time,the increase of divorce rate and property disputes has also caused more and more attention to the marital property agreement system,which has led to the gradual adoption of marital property agreement.However,the nature and validity of intramarital property agreements have been controversial in the theoretical and practical circles,so this paper takes this as the main content to study.Firstly,by using conceptual analysis and comparative analysis,this paper combs the related concepts and characteristics of marital property agreement and marital property system.On the basis of analyzing the nature of marital property system contract,it is concluded that marital property agreement,as a marital property system contract,is essentially a special property contract.Secondly,using literature research method and empirical analysis method,this paper discusses the effect of creditor's rights and property rights of marital property agreement,analyses the applicable rules of the law of marital property agreement,and draws the conclusion that marital property agreement must produce the effect of property rights change after property rights publicity.In addition,this article also analyzed the effectiveness of the agreement on marital property not against bona fide third party.Finally,this paper points out the shortcomings of the contractual property system between husband and wife in our country,and puts forward four suggestions based on the compilation of the civil code,in order to improve the provisions of the property agreement within marriage in our country.