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Study on the Spouse’s Contractual Property System

Author: ChenJieHua
Tutor: FuRong
School: Shanghai Jiaotong University
Course: Civil and Commercial Law
Keywords: Matrimonial property system Loyalty agreement Registration system
CLC: D923.9
Type: Master's thesis
Year: 2011
Downloads: 52
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Abstract


Modern society for the lease community , the principle of autonomy has greatly exceeded the contract areas , extended to the field of marriage and family relationships , Marital confirmation of the property system and the building is a typical performance . Since the reform and opening up , China through multiple Amendment of Marriage Law and relevant judicial interpretations initially built Marital Property System , and higher than the statutory effect to the legislative recognition of the effectiveness of the agreement of the marital property , which is a microcosm of the progress of private law . Relative principle of the broad legislative provisions applicable process , regardless of the validity of the marital property agreement finds the meaning of the marital property agreement , said the judgment, program changes and revocation of the marital property agreement , or marital property agreement registration and other issues in the administration of justice in practice , there are some problems to be solved , such as : whether the principles and rules of contract law apply to marriage and family relations field ? the identity relationship based marital property agreement relationship finds its rights and obligations to fulfill what particularity ? these realities the confusion are urgently as soon as possible to clarify . In this paper expounded the following four parts : the first part describes the marital property agreement system overview . First, a brief review of our Marital property regimes legislative history, elaborate on the contents of the current Marital property regimes , and from the perspective of comparative jurisprudence of Two Schools countries , representative of a certain marital property agreement system control and analysis , sought to draw on perfecting marital property agreement system . The second part to the fourth part anchored to the judicial practice , the reference to a typical case of different types of disputes and analysis of Marital Property System in the presence of the main problems , and attempt to try to find ways to solve this pathway or referee concepts and methods , or the creation of the system , modification and improvement . Among them , the question of the validity of the second part discusses the marital property agreement , the third part discusses the marital property agreement changes and revocations problem, the fourth part of the proposed establishment of a registration system of the marital property agreement .

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CLC: > Political, legal > Legal > Chinese law > Marriage Law
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