On Promissory Spouse Property System In China

The marital relationship includes personal relation and property relation, inwhich property relation is the material basis of marital family life, and awell-established matrimonial property system is of great significance. The academicgenerally divided the marital property system into two categories, depending on thedifferent causes of the matrimonial property system: the statutory matrimonialproperty regime and the appointed marital property regime. The so-called appointedmarital property system refers to the agreement of both husband and wife on theownership, administration, use, the disposal of third party debt of property and thedissolution of marriage property division before and in the marital time, so as toexclude or partially exclude the legal marriage property contract; that is to apply alegal appropriate property system by contact between the husband and the wife.The country modified the Marriage Law (hereinafter referred to as the newMarriage Law) in2001to adapt itself to the needs of the development. The modifiedclearly defined the agreed terms, conditions, content, form, effectiveness of themarital property system, and a series of problems as the settlement of debt after theagreement. It makes the system more operational, and also fully embodies thecountry’s protection and respect for legal status of both husband’s and wife’s personalproperty rights in marriage. However, with the continuous development of thecountry’s development of economy and culture, the country’s current appointedmarital property system encountered a number of specific problems in the judicialpractice. In order to further modify and develop the country’s appointed marital property system, this thesis choose the appointed marital property system in thecountry’s new Marriage Law as its starting point which can be divided into four parts:Part Ⅰ: The concept of the appointed marital property system. This sectionmainly discusses the concept, the definition, and the emergence and development ofthe country’s appointed marital property system to clear its special nature and to lay atheoretical foundation to applied laws discussed later.Part Ⅱ: Compare the method of the relevant legislation for foreign maritalproperty system. This part mainly compare and analysis the relevant laws andregulations of foreign Marital Property System from property agreement, elements ofinternal and external effectiveness and the change of the property agreement, in orderto better absorb the good part of foreign appointed marital property system as toimprove ours.Part Ⅲ: Expound the country’s situation of marital property system legislative.This section pointed out that the subjects and their capacity marital property System atthe time agreed, and the effectiveness of the convention, convention legislativesituation and lack of alteration and revocation by summarizing the provisions of thenew Marriage Law on marital property system.Part Ⅳ: Put out recommendations to improve the country’s appointed maritalproperty system. Based on the analysis of comparative analysis and current legislationdefects on the previous paper on foreign couple agreed property system, this paperpresents the main elements of the marital property agreement, the revocation of theconditions and procedures of the time, publicity program and change aspects...