China’s Marital Agreement Property System

The marital property system plays a vital role in reality.The traditional legal property system is no longer sufficient to adapt to the ever-changing real life and the changing needs of couples.The current "Civil Code" continues the original "Marriage Law" for couples The contractual property system not only stipulates that the application of the contractual property system takes precedence over the statutory property system,but also provides a list of types of property that the couple can choose,fully respecting the freedom of the will of both parties,and also demonstrates the freedom of contract in principle.However,due to the system of couple’s agreed property appear relatively late in our country,some problems about the system of couple’s agreed property is need to be clear,still need to theory and practice of scholars to research and discussion,so in order to further study of agreed property system,the author divided into five parts to our current system of couple’s agreed property is discussed.The overall idea is as follows:The first part mainly introduces the research background,purpose and significance of the husband and wife contracted property system;the second part outlines the nature,characteristics,and legislative significance of the husband and wife contracted property system,and sorts out and summarizes the current theoretical and practical opinions The controversy and academic viewpoints of the system;the third part takes the current status and deficiencies of the marital contractual property system as the entry point,focusing on the subject,type,and effectiveness of the contract;the fourth part compares the legislation of typical countries to sort out The historical evolution of the marital contractual property system abroad,analyzes the shortcomings of the current Chinese law on the marital contractual property system,and draws on the advanced experience of foreign countries;the last part is from the establishment conditions of the marital contract,the type of property contract,and the procedure of the property contract And so on,and then put forward a number of suggestions to improve the husband and wife’s property agreement.Through the author’s several thoughts on the marital contractual property system,I hope to provide some suggestions for the improvement of the marital contractual property system,so as to promote the solution of difficult problems in practice,and add my own meager power to the construction of the rule of law.