Research On The Legal System Of Martial Property Agreement In Chinese Law

With the increase of people’s property, the martial agreement on martial property is necessary in martial life. And the dispute of martial property agreement emerges. The legal system of martial property agreement has been confirmed by law. The agreement of martial property, which has the characteristics of contract, is a contract in essence. Martial property agreement is the reflect of autonomous principle in martial law and the legal system of martial property agreement expands property freedom in people’s martial life. Article19of China’s Martial law and some judicial interpretation contains the legal system of martial property agreement. However, the legislation of martial property agreement is not systematic. Specifically, There are some drawbacks in the legal system of martial property agreement. There is a lack of publicity procedure of martial property agreement after the agreement is concluded. Because of it’s attributes of contract, the martial property agreement may be changed or Revoked, while China’s law neglects it. And the sphere of property in martial property agreement is limited in ownership, there is a lack of law articles on property management or debt obligations. So in general, the legislation of marital property agreement is just brief, and it’s hard to adjust the legal relationship of martial property. After comparative research, this dissertation put forwards some suggestion as following:1. the general article of martial property agreement should be added, so the legislative structure can be optimized.2. the publicity system should be confirmed, so the third parry’s and the society’s interest can be protected;3. the legal system of changing or revoking the martial agreement should be confirmed;4. the sphere of property in martial property agreement should be expanded from ownership to property management and other aspects.