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The Agreement System of Marital Property in China

Author: MaHongLian
Tutor: ZhuFan
School: Southwest University of Political Science
Course: Legal
Keywords: Marriage Matrimonial property system Marital Property System
CLC: D923.9
Type: Master's thesis
Year: 2011
Downloads: 292
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Abstract


The family is the cell of society, marriage and family relations, marital property relations is an important aspect. Marital Property System embodies the characteristics of equality between men and women, and to follow the principle of freedom of contract, and conform to the trend of the times. After the founding of New China, China's Marriage Law, the law on marital property agreement from scratch, with the development and changes of the social changes and additions. 1950 Marriage Law \Marriage and family life, the need to promote the 1980 Marriage Law \2001, China again revised Marriage Law, a major highlight of the 2001 Marriage Law \Marital property system in a timely, effective, but it did not form a complete system, the system also missing, such as the vague provisions of the marital property agreement made content type of the marital property agreement, publicity and credibility absence of legislation, likely to cause the public understand the plight of bias and judicial practice. Marriage Law academic emphasis on Marital property regime, and a wide range of scholars marital property agreement system defects and countermeasures. On the basis of previous studies, the author take a comparative approach, analysis of Marital Property System in the absence of legislation, Marital Property System in China perfect idea. Paper of more than 20,000 words, divided into four parts: the first part is the Marital Property System Overview. This part of the analysis of the Marital Property System concept, the nature and mode of legislation overall combing Marital property regime. The second part of part of Marital Property System. First statement Legislative History of the Marital Property System in China, and then analyzed the basic content of the Marital Property System in China. The third part is a comparative study of foreign Marital property regime. Marital Property System in the typical country legislation set forth for perfecting marital property agreement system deficiencies in these areas as a reference for. The fourth part of the marital property agreement made inadequate legislation and put forward suggestions for improvement. A first analysis of the legislative flaws in the current system, for example, Marriage Law, there is no clearly defined contract about the body and its contractual capacity, marital property agreement is subject to the restrictions did not involve a range of issues in addition to the agreed time and external publicity there is no clear legislation. Then learn foreign mature legislation provides the basis from the specific national conditions starting above our marriage legislation Arranging the Estates insufficient, explicitly couples property main, specifications couples property convention of the content, as well as the agreed time and publicity public letter other aspects of the recommendations to improve legislation.

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