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To Probe the Improvement of the Domestic Spouse’s Contractual Property System from the Angle of Comparison

Author: MaChunXiao
Tutor: WangLiPing
School: Shandong University
Course: Civil and Commercial Law
Keywords: spouse’s contractual property system defects perfectthe suggestions of legislation
CLC: D923.9
Type: Master's thesis
Year: 2010
Downloads: 191
Quote: 0
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Abstract


In China, with the deeping reform, opening up, and developing of socialist market economy, couples are more and more self-determined on marital property possession arrangement. Therefore, agreed property system attracts people’s attention and becomes the focus of debates.Scholars and lawmakers around the world put it in a very important place in the system of marriage and family law. China is also strengthening the theoretical research and legislation of agreed property system in practice.In this article, the author will make a research on the concept; theory foundation; evolution and etc.And then, analyze the actual provisions and the defects of present legislation and put forward some suggestions on improving the contractual property system of China.Part one, is the sketch of the spouse’s contractual property system. Mainly introduces: the nature of the spouse’s property contract, character of the spouse’s property contract and the history of the spouse’s contractual property system.Part two, mainly introduces the research of comparative jurisprudence about the spouse’s contractual property system. Content including the legislative mode research of comparative jurisprudence about the spouse’s contractual property system, the effectiveness research of comparative jurisprudence about the spouse’s property contract, and transform, discharge and dissolution of comparative jurisprudence about the spouse’s property contract, and the perfection and credibility of comparative jurisprudence about the spouse’s property contract.Part three, is the perfection and credibility of comparative jurisprudence about the spouse’s property contract. It’s said the legislative mode, effectiveness, time of foundation and effectiveness, transform, discharge and dissolution, credibility and contract’s void.Part four, is the legislation advice of the spouse’s contractual property system. Main analysis how to determine legislative mode of generalization and enumeration, to add the spouse’s property contract’s effectiveness, to regulate the spouse’s property contract’s time of foundation, to perfect the spouse’s property contract’s transform, discharge and dissolution, and how to perfect the spouse’s property contract’s perfection and credibility, to determine the spouse’s property contract’s void.

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