Research On The Property System Of Husband And Wife From The Perspective Of Validity Determination

With the rapid development of economy in our country,social relations have changed to some extent,marriage and family relationship has changed.The concept of marriage and family has changed from the traditional unity of husband and wife to individualism.With the rapid increase of personal property and divorce rate,the single legal property system cannot fully respond to the practical needs.In order to realize the individual meaning of husband or wife and protect personal property,many couples choose to exclude the application of marital legal property system.The rigid rules of the legal marital income joint system can not fully adapt to the different families in modern life,can not meet the increasingly complex property relationship between husband and wife.According to this social background,the marital agreed property system is highly respected because of its freedom and flexibility.Our provisions on the marital agreed property system are relatively simple,although the agreed conditions,written form,content and effectiveness of the marital agreed property system are generally stipulated,but there are still many shortcomings,and bring many difficulties in judicial practice.Through the analysis of foreign mature legislative examples,and based on the national conditions of our country to improve the suggestions,hope to perfect the marital property system.The first part of this paper is an overview of the marital agreed property system,from a macro perspective to introduce the basic problems of the marital agreed property system.First,the basic concept of conjugal agreed property system and its distinguishing features from other concepts are briefly introduced.Secondly,it analyzes the legal nature of the agreed property system which is controversial in academia.Finally,it introduces the legislative models of the worldwide agreed property system,and prepares for the subsequent study of the legislative model of our marital agreed property system.The second part first briefly analyzes the current situation of the legislation of our agreed property system,analyzes the effective conditions,the contents and the internal and external effects of the current legislation of the marital property system.Then it analyzes the problems of existing legislation by combining the problems of our judicial practice.Specifically speaking,firstly,the legislation has not clearly indicated the legislative model of the marital agreed property system in our country.If the interpretation method of textual interpretation and comparative method are used to confirm the original legislative model of the marital agreed property system,there will be subsequent problems,such as the failure to distinguish the occurrence of the marital agreed property system and the gift between husband and wife.Secondly,the general effective requirements of the marital agreed property system refer to the effective requirements of applying the general provisions of the Civil Code.The special effective requirements are only the existence of legal marriage relationship and the written form of the two points,which can not protect the limited rational person and the vulnerable party in the marriage,so we need to increase the corresponding legislative rules.Third,agreed property system effect is divided into internal effect and external effect,internal effect in our current law is only expressed with "binding force",meaning is unclear,need to determine whether there is a legislative form of real right effect.Fourth,the antagonistic elements of external effectiveness are difficult to achieve and reduced to concreteness.The legal function of the agreed property system cannot be realized unless the meaning of its internal effect is clearly defined and the antagonistic elements with operability are established.Moreover,the agreed property system and the conjugal joint debt system are not well connected.According to Article 1065 of the Civil Code,when the conjugal agreed on separate property system,the identification of personal debt liability property is alienated,which leads to the strange phenomenon that the non-debtor’s personal property becomes the debtor’s personal debt liability property under the separate property system.There is an urgent need to address the lack of protection for non-debtors and the failure of couples to establish separate assets for their separate purposes.The third part analyzes and uses for reference the legislative examples of Germany and France in the civil law system.It studies the contents of German Civil Code and French Civil Code,analyzes the relevant provisions of the system of marital agreement property in the laws of Germany and France,and draws lessons from the system,which is suitable for the national conditions of our country,such as the provisions of the subject conditions,the formal requirements,and its opposing requirements.Expect to perfect our legislation.The fourth part,by referring to the mature legislation abroad and combining with the national conditions of our country,puts forward some suggestions to improve the legislation of our agreed property system.Specifically speaking,first,add the special effective elements of the marital agreed property system,It includes expanding the contracting subjects of the marital agreed property system and establishing the special provisions for the conclusion of the marital agreed property system for people with incomplete civil capacity,adding the pre-procedure for the marital agreed property system and adding the limitation conditions for the marital agreed property system to protect the limited rational person and the vulnerable party in the marriage.Second,improve the domestic conjugal agreed property system and the rules of internal effectiveness,establish the effect of the conjugal agreed property system in the form of legislation,and expand the scope of the effect to other members of marriage family relationship that do not involve the security of transaction.Third,improve the stipulations of external effectiveness of marital agreed property system.First,explore and establish the opposing conditions of the double track system,namely,can not only register the form of the opposition to the other party,but also the other person to know the other party to choose one.Then,it is necessary to establish the matching rules which coordinate with the stipulations of the husband and wife’s common debt.When the husband and wife fail to show evidence,the legal property system should be used to establish the scope of their liability property and increase the rules of mutual recovery,so as to perfect the external effectiveness rules of the marital property system.