| As the realization form of the marital property system regulated by China’s marriage law,under the background of the continuous development of the market economy and the significant increase of personal wealth,more and more couples tend to agree on marital property,which also makes the autonomy of the will be reflected in the field of marriage law.The marital agreed property system in China is later than the marital legal property system.However,under the circumstances of diverse economic forms and open society,due to the complexity and diversity of ownership forms,a single and fixed property system is not enough to meet the needs of both spouses to solve the property relationship between two people in modern life.Since China’s economic recovery after the reform and opening up,people’s ways of thinking have become more and more diverse.In order to adapt to the changes in marriage concepts and the diversification of marital property forms,more and more couples have signed marital property agreements.Although China’s current Civil Code-Marriage and Family Code has made clear provisions on the marital property agreement at the legislative level,it should be recognized that the norms are too principled and general,which makes it difficult for the court to reach a consensus on the understanding and application of this rule,especially when resolving disputes over the marital property agreement,the judgment results of the same case are often different.In view of this,this paper,on the basis of relevant cases,conducts in-depth discussion on the issues related to the effectiveness of marital property agreement.The research on the validity rules of the matrimonial property agreement is mainly embodied in Article 1065 of the Civil Code,which is divided into three parts,the effect type rule,the validity element rule and the effect scope rule.In the rules of effect types,China’s legal provisions are missing,and the two major legal systems generally believe that the matrimonial property agreement can be allowed to be changed and revoked,and at the same time,restrictions on the procedures and conditions for modification and revocation should be given.In the rules for the validity requirements of the agreement on matrimonial property,the civil code stipulates the formal and substantive requirements,and Article 1065 stipulates the method and type of agreement,the subject of the agreement,etc.,but due to the lack of rules,many problems arise in practice,and in the design of the extraterritorial effective element rules,the two legal systems have both commonalities and differences,so we should refer to the complete provisions of foreign countries to make suggestions suitable for China.After the agreement takes effect,it has internal and external effects.In terms of internal effect,it is necessary to clarify the effect of the change of property rights between the two parties,and in terms of external effect,the liability for settlement is defined based on whether the counterparty knows or not,and the husband and wife bear the burden of proof,which is not conducive to the balance of interests between the husband and wife and the third party,and the publicity can be used against the third party only by providing for publicity in extraterritorial legislation,and the review methods of the two major legal systems are different,and China’s publicity system and third-party responsibility can be clarified according to foreign experience.The fourth part of this paper puts forward suggestions in line with China for the problems of the second part and the extraterritorial experience of the third part,mainly from the three aspects of effectiveness type,validity requirements and scope of effect. |
