Marital Property System Problem And Its Solution

Marital Property System in the ownership of property acquired during the couple by way of an agreement on pre-marital property and marital relations subsisting convention, the agreement is a binding legal regime for both husband and wife. Due to the history, economy, culture, traditions and customs and other factors, the countries of the Marital Property System is not the same. Marital Property System, in the comparative study between China, France, Germany, starting from the study of the specific provisions of the three countries about Marital Property System Comparison and Review the similarities and differences, combined with the reality of our country, in the previous on the basis of research results, to improve some of the legislative proposals of the Marital Property System for the reference of the legislature. The full text is divided into threeparts:Part Ⅰ:Marital property system of the basic theory. This section first introduces the concept of Marital Property System, type, followed by analysis of the Marital Property System in History, Finally the importance of general Marital property system’s basic theory behind thethree-part as the foundation.Part Ⅱ:China and France, Germany, the couple agreed the comparison of the property system. This section of the same property regime legislation and differences between China and France, Germany Marital simple comparative analysis.Part Ⅲ:China Marital property regimes exist. This section discusses the existing problems of China’s Marital Property System. Existing legislation in the lack of agreed conditions, does not require the Marital Property time, the lack of the contents of the Marital Property, the program deletion, leading to interoperability is not strong, is not conducive to the establishment of the original intention of the Marital Property Marital problems the performance of the property system, can not really couples the meaning of free domand autonomy of private law. Part Ⅳ:The Perfection of the marital property system in China. Comparisons for the second part of the similarities and differences between China and France, Germany Marital Property System, combined with China’s specific national conditions, and propose appropriate improvements and legislative proposals. Convention property, this section explicitly couples the effectiveness of the content and manner of Marital property, the couple agreed property publicity notary system, change and revocation of conditions of the Marital Property, the establishment of the Debt Settlement system of five, respectively, put forward a sound proposal.