Research on the Agreement System of Marital Property
|Keywords||Marital Property System General common property regime Limited common property regime Separation of property regime|
My Marriage Law established Marital property regime, in line with the reality of social conditions, respect for the rights and freedoms of the citizens, more comprehensive protection of the property interests of the spouses has played a positive role. However, the face of imperfect status quo of China's civil law provisions, the Marriage Law, the couple agreed the property system relates expressly provided very little, and even some of the problems in the ambiguous status of the applicable legal provisions, for example, agreed, agreed to the conditions, agreed change or revoke the procedures agreed system of notification, and inadequate efforts to the protection of a third person, resulting in judicial practice, convention parties and third party property rights are not fully protected. Therefore, by convention property regime of couples legislative analysis, research, to explore the problems from the status quo of China's legislative, establish a set of in line with China's basic national conditions, both complete and orderly, standardized and scientific Marital property regime. Marital property system is a worthy of in-depth study of the legal theory, and is also a need to seriously address the issues of judicial practice, legal theory and judicial practice have important practical significance. Convention property system type, nature, etc. In this paper, the husband and wife, and combined with the research status and analysis to talk about personal views and innovation, and strive to start from the point of view of Marital Property for the Marriage Law of the theory and development of perfection useful insights. The paper is divided into four parts: the first part of the study Marital property regimes general theory. Marital property regime concept based on the first, combined with the provisions of the current law, contact the legislative purpose from identity contractual content entered into the process described and analyzed the nature of the Marital Property System. At the same time. Marital Property System values ??and relations with civil law was also analyzed. Finally, nearly a decade of development elaborated History Marital property regime. The second part analyzes the legislative overview of Marital property regime. Type of marital property under the legal system agreed in the establishment of Elements, effectiveness, change Revocation and publicity in-depth analysis, briefly about the problem. The third part of the problems of the Marital Property System in China. Marital including China's legislative restrictions on the type of property system too much is not clear on its content limited as well as the legislation is not compulsory publicity defects. The fourth part of the research we Marital property regime perfect, this part of the focus of this article, on improving our Marital property regime necessity of elaboration, combined with the case put forward new proposals for legislation, proposes the creation of Marital Property System a general rule, to establish a fully conventions of matrimonial property regimes, but also necessary to improve the system of notification and notarized in which the role of Marital property regime.