On The Agreement System Of Marital Property In China

The application of the amended Marriage Law of the People’s Republic of China in2001is more than10years. Along with the fast and continuous development of the societyand economy of our country, the existing regulations on marital property agreementsystem cannot fully satisfy the needs of couples nowadays.And it is also encounteringmore and more problems in the judicial practice. Based on the introduction of maritalproperty agreement system and the legal provisions on this system in our country, thethesis would analyze two problems commonly existing in judicial practice and the defectsof present legislation. Then the thesis proposes suggestions on how to perfect the system.There are three parts excluding the preface and conclusion.The first part introduces the differences between the marital property agreement andother property agreement, the evolution of marital property agreement system in ourcountry and the provisions of the current Marriage Law on marital property agreementsystem.The second part discusses two issues which comes from the judicial practice combingwith the Third Interpretation of Marriage Law and puts forward some author’s viewpointsand suggestions.The third part points out the defects and gives some advices on how to perfect it.These defects mainly include, the type of marital property agreement system isindeterminate, the effect of an oral non controversial marital property agreement isindeterminate, the time of conclusion of marital property agreement, the external publicityprocedures in legislation are not established, the change or revocation procedures of themarital property agreement are lack, and the contents are not enough.