Research On The Effectiveness Of Marital Property Agreements In China

Since the reform and opening up,the traditional legal property system has been unable to meet the growing needs of marriage and family,and more and more individualistic elements have affected the disposition of marital property relations.Driven by this social fashion,many couples prefer to conclude property agreements to protect their legitimate rights and interests when discussing how to adjust their property relations.Although according to the provisions of the Marriage Code of China,the law allows couples to conclude marital property agreements,but the specific provisions on marital property agreements are not clear.In theory,there are different opinions on how to identify the nature,subject and effect of marital property agreement,and in practice,this phenomenon affects how to protect the legitimate rights and interests of bona fide third parties.Therefore,it is of great significance to study the nature and effectiveness of marital property agreement in order to solve disputes in marriage and family and improve the family trial system.To further investigate the effectiveness of marital property agreements,this article discusses the current legislative status and practical characteristics of marital property agreements in China.At the same time,further discussions were conducted on the essence and validity determination of marital property agreements.On this basis,it is proposed that the marital property agreement should be different from the gift agreement and the marital agreement property system,and should belong to an independent form of property agreement.Regarding the effectiveness of marital property agreements,the pattern of property rights changes between spouses should be similar to the "creditor’s rights doctrine" model;In terms of the external effectiveness of marital property agreements,in practice,judicial authorities should respect the autonomy of the parties to the greatest extent while protecting the legitimate rights and interests of bona fide counterparts.