Research On Husband And Wife Engagement Property System In China

Marital property system of a husband-wife relationship is extremely important in the legal system, he directly or indirectly affect the marital relationship and family life in harmony. My 2001 "Marriage Law" amendment couples property system has been amended to improve the system of Marital Property. This is the husband and wife under the autonomy principle and practical, and reasonably agreed upon property address, and safeguarding the rights and interests of the two sides is of important significance. But in the legislative and in practice there are still shortcomings, the couple agreed on the type of property too simple, agreed on the content and form of a third person and the effect of such areas also lack operable. Any era laws and jurisprudence, in the final analysis by the economic foundation of the society and the nature of the various historical periods of class struggle determined by the situation, but could not leave the ideological predecessors provided by the information vacuum created, but under the new historical conditions, discard the past era in the legal and law not suitable for the needs of things, the things needed for absorption, and to reform and innovation in China formed by the husband and wife agreed with the system of property owned by the perfect marriage legislation gradually standardized, and for the settlement of the present-day society property agreement between husband and wife disputes that may arise. Absorption and discard can promote the development of legislation, property system security issues related to transactions, if the property between husband and wife agreed not clear, prone to disputes, one of the spouses in dealing with others, not one of the spouses of others because of the nature and sources of funds, the same may not He transactions, therefore, the requirements and improve the scientific Marital property system, the family, social and economic stability and the handling marital disputes is of great significance.The first part, on our system of Marital Property History, nature, characteristics and significance. China's system of property between husband and wife agreed on legislation can be traced back to the 1930s. "ROC Civil Code," 4 for "relatives" 4 "matrimonial property" section 1004 provides: "a husband and wife in marriage before or after marriage, to lease the purposes of the agreement set by the property system, select First, their marital property system", 1007 provides: " marital property contract is entered into, alter or repeal, it should be in writing. " This should be seen as the history of our country has formally agreed marital property legislation. After the founding of the PRC, due to historical conditions, the socio-economic conditions at that time, limited to the material foundation and the actual state of property ownership, few people couples property agreement. At the same time, the lower the status of women at that time, agreed implementation of the system is not conducive to the protection of women's interests. 1950 promulgated the "Marriage Law" focus on the identity of the liberation, and established the equality of the sexes in marriage, the principle of freedom of marriage, marital property agreement does not expressly say so. In 1980 the "Marriage Law" To meet the social, political, economic, development of the relations between the needs of the family, in section 13, paragraph 1: "marital relations during the time of property under both spouses, but unless otherwise agreed." Since then, my marital property agreement for the legal property system produced a necessary complement, to be formally identified. However, the legal system of property between husband and wife agree that there is no specific standard, the reality of the couple agreed to adopt the system of property, bad master. To meet an increasingly complicated relationship between husband and wife property to meet the different social strata in the matrimonial property system requirements, in 2001 the "Marriage Law" the further development of China's marital property regime, implemented to allow marriage parties agreed property system, and the couple agreed upon property produced a larger amending and supplementing . Marital property agreement is a contractual relationship, is to establish the relationship between husband and wife all property contracts, a couple of property lease agreement is subordinate marriage contract, matrimonial property agreement is a status of the contract. Marital property system has fully embodied the principle of autonomy, that is, pay attention to the third couple creditor protection and the interests of people in recognition of the value of household labor characteristics. My husband and wife agreed upon property system conform to the current economic development demands of marriage and family relations and the current of the new changes, to maximize the protection of their legitimate rights and interests, thus reducing personal interests and the interests of the community conflict.The second part, my marital property agreement and the contents of the legislative system and its shortcomings. Marital property system to the content clear property of the husband and wife agree that the main body of the couple agreed, outside of husband and wife couples who have no right to the property agreement, bigamy or illegal cohabitation both sides can not become a principal. Marital property includes premarital property also includes marital property. The type of property between husband and wife agreed namely property system, and part of the general system of common shared system, which for these three forms, one of the parties can only choose a property agreement. Marital property agreement should be in writing. A husband and wife relationship between husband and wife during the existence of premarital property and the property of the agreement is binding on both parties, when the relationship between husband and wife agreed marriage during the existence of all their property under the agreement, husband or wife party external debts incurred by the third knew that the agreement to husband or wife side all the property liquidity. Because of property between husband and wife agreed to establish in our country a short time, the legislature is more than the provisions of principle, we still have one this enough, the outstanding performance of the following aspects. The couple agreed upon property that is limited in scope and the type of general common system, limit common system, respectively property system, the parties that marriage can only be prescribed by the law of the three couples choosing one system of property, restrictions on freedom of the parties have agreed, as the property can not meet the diverse types of the various parties to agree to the needed. The couple agreed to set up an effective property conditions not clear, while his wife agreed to the change and revocation procedures not required by law, the assets of husband and wife agreed the law does not require time, the couple agreed upon property system to protect the interests of external third imperfect.The third part, on improving China's current system of property the couple agreed to make recommendations. The legal agreement should increase the variety, to the spouses more free space. The husband and wife agreed to set up effective for the specific conditions should be the main body of Marital Property legitimacy. The parties are entirely civilian capacity and only about a husband and wife or a couple of people, because the couple agreed upon property particularity of this agreement must be a person of the parties, no agents, no other person instead of the marital relationship are agreed by the parties invalid. Marital property agreement must be true will of the two sides, and agreement must be legitimate. The law should provide the change of property between husband and wife agreed revocation procedures, a couple of property relations is a dynamic process, therefore, the original property agreement may not apply to the spouses of new property relations. Therefore, the parties should be allowed in before marriage, marriage or after the marriage made by the property agreed to change or revoke order to protect the interests of clients. Marital property agreement between husband and wife is, after all, what, then the interests of a third person also needs protection, it should be husband and wife agreed on the establishment of a third property protection system including marital property agreement and the system of notification of the third avoidance system. In short, the couple agreed upon property system exploration and study of the couple agreed to improve the system is of great significance.