View On The Effect Of Marital Property Contract

As more and more spouses choose to develop a property contract of marriage to refrain from the application of legal property system,the current legal provisions on this contract applied in China can not thoroughly resolve the complex issues stemming from it.There are several disputes in the community over the essense of the contract,the selection of law application confilict,the availability of changing and revoking,the definition of real right effectiveness and debt effectiveness between both parties,the necessity of stipulating publication procedures.All those aspects can directly influence the application of the contract.In this article, the author will mainly discuss the effect of marital property contract in four parts and offer opinions on the matters above.The first part:general overview on the marital property contract.In this part I'll discuss the concept and defined the range of the contract,then detail its properties in preparation for the coming discussion about legal application of it.The second part:the judgement of effectiveness of the contract.At the moment,China has yet to stipulate its elements which can take effect,so I'll just analyse the existing elements about its provisions,judicial interpretations and common civil legal act.Based on the mature legal system about marital property contract overseas,I'll depict the essencial elements of effectiveness and the availability of establishing the system of invalidity,changing and revoking.The third part:effectiveness of the contract,mainly about its interior and exterior parts.In this part I support that the contract is the alteration of real right based on legal acts and it enjoys real right effect;once comes into effect,it validates real right changing between both parties;if the parties want that happens on the third one,they must comply with the formalites of the change of the registration.At present,existing laws stipulate that spouses should testify that the third party is aware of the existence of the contract then the contract brings into effect exterior effectiveness,which do harmful to balancing benefits among those three sides.The legal community can take example by overseas legislature and innovate new publication system comforming to the domestic realities.Besides,it must shed light upon the range of the third party.The fourth part:solutions to real issues stemming from the contract.I'll expalin it from three perspectives.First:differentiating the marital property contract from the donation; second,developing the publication system of the contract; third,establishing the changeablility and revocability system of the contract.