Study On The Property System Of Couples

As China’s economic and social changes, people’s understanding of property is gradually deeply, protecting citizens’ property has become the focus of the new era of law in our country. Marriage as a society the youngest of the family unit, is an essential factor in maintaining social harmony, and adapt to the society, even also has a new concept of property between husband and wife, between husband and wife are no longer using bind, integrating two personal property as a whole; Is no longer the statutory rights share obligations must be Shared. With the 2001 marriage law, our country established the system of couple’s agreed property, gives the meaning of both sides of husband and wife more freedom. Both sides of husband and wife may, in accordance with their wishes for their personal or on both sides before marriage and after marriage property agreement, no longer abide by the adoption of the legal property system to the binding property of husband and wife. But at the same time, because our country is still a developing country, our country’s law continues to improve and revise, at present our country has been allowed to set up the property contract between husband and wife, but for property contract content and the basic situation of our country law is from clear. But due to the impact of emerging property concept, more and more couples start to his personal property even after marriage property agreement. When there is no clear law as the guidance, change of couple’s agreed property appears in society was to write chaos: husband and wife property agreement, but don’t know what is the conditions agreed upon in the property; To carry on the property of husband and wife agreed property but did not know the validity of the contract; Husband and wife property prescribed but don’t know property procedures such as the status quo. So the author after the thorough analysis of the above problems, this article expounds in detail in chapter one to four.The first chapter, the author in the main analysis of this chapter is the specific situation of the system of couple’s agreed property, such as the characteristics of the system of couple’s agreed property, character and connotation and category;The second chapter, analyzed the present situation of the husband and wife agreed property system in our country, and according to the status quo to explore and analyze the defects of the system of couple’s agreed property in our country mainly include the basic information of the system of couple’s agreed property uncertainty, China’s system of couple’s agreed property and other legal conflict, and in the judicial practice in our country the difficulty of execution system of couple’s agreed property;The third chapter, the author mainly analyzes the overseas to other countries for the rules of the system of husband and wife agreed property, both in the Anglo-American law system and continental law system have to carried on the detailed analysis and expression of couple’s agreed property. According to the analysis of the two legal systems of rules of couple’s agreed property and perfect our system of couple’s agreed property;The fourth chapter, the author discussed according to the first three chapters and the research content, discusses the methods of perfecting our country’s system of couple’s agreed property. First consummates our country the basic problems of the system of couple’s agreed property, such as the system of couple’s agreed property of the substantial requirements and formal requirements, the effectiveness of the system of couple’s agreed property, the type of the system of couple’s agreed property, as well as the system of couple’s agreed property change and cancellation conditions; Secondly to perfect our system of couple’s agreed property and other laws, such as the property law contract law conflict resolution mechanism of the company law.