The Research Of The Promissory Spouse Property System

The spouse property system is playing a very important role in real life, it provide material basis for the survival of the whole family, and it refer to the spouse’s property rights, so it related to the stability of the whole family, because the family is the cell of the society, so it must also related to the harmony and stability of the social. The spouse property system include two kinds, they are the promissory spouse property system and the legal spouse property system, but the promissory spouse property system appears later than the legal spouse property system, it appears accompanied with the increase of the status of women and the increase of the freedom awareness, but the promissory spouse property system reflects the basic freedom principles of contract, and respect for the couple’s personal will, so many countries in the world have clearly defined the promissory spouse property system in the law. But for various reasons, the promissory spouse property system appears late in our country, and the provision in the law is very simple, many places are incomplete, so it result in a lot of social problems and the judicial practice have encountered varies of difficulties.In this article, the author has introduced the promissory spouse property system of the French and German, and find out the shortcomings of the promissory spouse property system in our country. According to China’s basic national conditions, the author provides advice for improvement.The article is divided into four parts:In the first part, the writer sketched the promissory spouse property system. The writer has introduced the concept and the type of the promissory spouse property system, and has analysis the importance of the establishment of the promissory spouse property system to our country. The writer pointed out the promissory spouse property system in the world is divided into two types, there are closed and open, the promissory spouse property system of our country is closed. The promissory spouse property system of our country is divided into the general common property system, the limited common property system and the separate property system. The agreement of spouse’s property is a contract between husband and wife, it is independence, is a contract in essence, but it has some status factors.In the second part, the writer has compared the promissory spouse property system of China and developed countries. The writer has introduced the form, type, effectiveness of the promissory spouse property system in developed countries, and has analysis the same points and the different points of the promissory spouse property system of China and France, Germany, England and America.In the third part, the writer has described the shortcomings of the promissory spouse property system in China. The writer has described the shortcomings of content, the conditions of establishment, the effectiveness of external and the compensation of housework, and has pointed out China’s Marriage Law lack some provides of principle about the promissory spouse property system, what’s more, China’s Marriage Law hasn’t provided the procedure of change and revocation of the promissory spouse property system, and the writer has analysis the consequences of these varies shortcomings bring to.In the fourth part, the writer has provided some suggestions for the improvement of the promissory spouse property system. The suggestions include the following points:The law should provide varieties of conditions of establishment of the promissory spouse property system, it include the time conditions, the forms conditions, the real conditions; The law should improve the content of the promissory spouse property system; The law should provide the procedure of publicity of the promissory spouse property system; The law should provide the procedure of change and revocation of the promissory spouse property system; The law should provide some principles about the promissory spouse property system; The law should improve the compensation of housework.