Legal Research On Marital Agreement

Modern marriage gradually get rid of the feudal family identity constraints,the current marriage is the willingness of both men and women to achieve a voluntary marriage,with the continuous development of social economy,marriage reflects more and more contractual factors,mainly reflected in the Couples married before marriage or marriage to reach a variety of agreements.The different judgments of the different courts for the marriage agreement reflect the current legal system in the marriage agreement content,the effectiveness of the existence of theoretical conflicts and legal gaps.In this paper,marital agreements in the judicial practice of the more common problems as the main research content.First of all,from the marriage contract theory and the husband and wife property system and other relevant laws and regulations to elaborate the existence of marriage agreement theoretical basis,legal basis.Second,through some real cases to sort out the common problems in the marriage agreement in practice,including the nature of the marriage agreement in the nature of the agreement,the effectiveness of the marriage agreement,marital agreements caused by changes in property rights is based on legal acts of property rights changes Whether the marriage law is in conflict with the application of the Property Law and the Marriage Law,whether the marriage agreement can punish the child’s right of inheritance,the overthrow of the validity of the registration of the immovable property in the marriage agreement,the "infidelity" in the marriage agreement The definition of marriage agreement to discuss the terms of breach of contract and divorce damages compensation.This paper mainly through the literature research and case analysis method,the introduction of the reality of the judicial case of the marriage agreement in the common problems of analysis and research.Finally,through the study of the provisions of the law on marital agreements in China,the relevant suggestions are put forward.