Suitable Limit Of Property Contract System Between Spouses In China

"Interpretation (III) of the Supreme People’s Court of Several Issues on theapplication of the Marriage Law of the People’s Republic of China"（hereinafterreferred to as "Interpretation(III) of Marriage Law" in the provisions about propertyrelation between husband and wife, where caused the great thinking of scholars andthe masses. Reform and innovation caused by the development of society whetherchanges the state to decide the value of the marriage and family system. The maritalproperty relations is the private property relationships, but the contact rules in field ofmarriage law should be restricted by the sense of marriage, marital culture, maritalfamily system carries the family responsibilities and social obligations, so thecontract rules to adjust the marital property relations should be subject to limitations.This article is divided into five parts:Part one: This thesis starts from the meaning of marital property rules and themeaning of the contract rules, on this basis, discusses the performance of contractrules in martial property system, mainly combined with the relevant provisions of"Interpretation(III) of Marriage Law" to analysis.Part two: Expounds the function and purpose of setting the marital propertysystem and contract rules, through the comparison, because their value orientation isdifferent, so the contract rules in the application of the marital property system shouldbe limited. By providing effective solution to the disputes in property, maritalproperty system maintain the operation and stability of the family, the rule of contractis to protect fair exchange and distribution by autonomy, making compensation forequal value, so as to promote the development of economy and the stability of theorder.Part three: Analysis of effectiveness of marital property system, points out theinternal and external validity of statutory matrimonial property system, and theinternal and external validity of contractual marital property system. Then analysesthe effectiveness of the contract rules, categorizing contract, respectively points outthe effective contracts, revocable contracts, contract with pending validity, and invalid contract, four kinds of contract which’s internal and external validity. Such as theinternal validity of statutory marital property system is directly provided by law, aspecific client which is spouses, occurred in which the marital relationship continuesto exist, its content is legal. Different from the effectiveness of the contract, Contractboth sides is not a particular subject, and its content, occurrence or termination can benegotiated by the parties themselves.Part four: This part is to discuss restrictions of contract rules, especially themarital property agreement system in apply the rules of contract shall not contravenesocial public morality. Marriage is a private transaction, but about the interests of thestate, although the boundaries of the state interference in marital property relationshipchanges with the development of the economic and social, but that doesn’t mean wecan give the autonomy of the parties more broad boundaries, applicable limits of thecontract rules should be reasonable defined, in case of damaging the interests of weakposition, the minor children or other person with nurturing relationship.Part five: Pointed out the defects of legislation of marital property system in ourcountry, puts forward some Suggestions to improve and mend. First, improve theprinciple of legislation on marital property system, pay more attention to materialequal of both sides in spouses. Second, reconstructing marital property scope, clearlydefine scope of community property and personal property. Then is how to improvethe management of marital property system, which is too fuzzy for marital propertymanagement regulations, in practice, we need martial property management system tosolve the problems of real life.