Study On The Application Of The Matrimonial Property Agreement System

With the development of the economy,the forms of matrimonial property have become diversified,and the requirements for independence in the relationship between husband and wife have become increasingly stronger,especially the various agreements reached by the husband and wife on their pre-marital and post-marital property during the marriage.However,the phenomenon of different judgments in the same case exposes problems in the determination of validity and applicable law of the marital property agreement,and the corresponding system needs to be further improved.This paper mainly focuses on the common disputes of the matrimonial property agreement system in judicial practice,and cites real cases in judicial practice to support it.First,the concept of marital property customization and its basic characteristics are introduced.Secondly,by summarizing the case data on the "Judgment Documents Network" and drawing charts,it reflects the problems often encountered in practice when applying the customization of matrimonial property agreements,including the ambiguity of the validity of the matrimonial property agreement,the validity of part of the matrimonial property agreement,and the effect of the conditional agreement;the determination of the nature of the relevant content in the matrimonial property agreement;Conflicts in the application of the "marriage and family part" and "property rights part" in the matrimonial property agreement,as well as the lack of external publicity system;The liquidated damages clause and liability for breach of contract in the matrimonial property agreement are in competition with the general rules of the contract part.By introducing judicial cases in legal practice,the legal issues that often arise in practical application are analyzed and discussed.Finally,by examining the shortcomings of the legislative provisions of matrimonial property agreements in China,corresponding suggestions and opinions are provided.By clarifying the application of the rules for the invalidity and revocation of some agreements,the validity of the agreement on matrimonial property is guaranteed;By clarifying the validity of the agreement when the conditions attached to individual clauses and the conditions are not fulfilled,comprehensively consider the validity of the conditional matrimonial property agreement;By standardizing the difference in the terms of marital property agreement and gift between husband and wife,grasp the dual compensatory nature of marital property agreement,and accurately distinguish between the two;Determine the nature of the clause involving a third party in multiple dimensions,and introduce the "right of residence" to "neutralize" the property assigned to the children.Determine the effect of changes in immovable property rights from both internal and external aspects,and establish a registration and publicity system;Apply the rules of liquidated damages,establish a system for changing and revoking marital property agreements,and link the marriage and family parts with the property rights and contract rules,so as to balance the interests of both husband and wife and maintain the security of transactions.Put forward suggestions to improve the customization of China’s matrimonial property contract,so as to "escort" the husband and wife to live together more stable and lasting in the future,in order to help relevant legislation and judicial practice.