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紅河翻譯公司關鍵字：Abstract: With the social and economic專業(yè)翻譯公司服務最好的 development, only to rely on the legal property system has not adjusted couples in property rights, obligations, we must improve our system of marital property agreement, determine the form of marital property agreement, type, establishment, effectiveness, etc. to avoid marital property disputes, maintaining social stability.
Keywords: marital property agreementMeans a system of marital property agreement the couple (or the parties to be married) to contractually agreed upon pre-marital property acquired during marriage, the ownership, management, use, disposal, revenue and debt, liquidation of property on dissolution of marriage and other matters, and the exclusion of the statutory matrimonial property regime applicable to the system. It is not only regulate the relationship between the main basis of marital property, but also safety issues involved in the transaction. Most countries in the adjustment of contemporary marital property relations are either a statutory matrimonial property regime and agreed matrimonial property (such as France, Japan, Germany, Switzerland, etc.), only a few countries do not use contract property, the implementation of a single statutory matrimonial property regime (such as the former Soviet Union, Romania, Poland, etc.). With the development of our society, people's concept of constantly updated, in the matrimonial property relations there have been some new situations and new problems, marital property agreement system has gradually been recognized.
First, our marital property agreement in the history of evolutionChina's system of marital property agreement has a long history, dating back to the thirties of last century. "Republic of China Civil Code," Part 4 "relative" Section 4 "matrimonial property" Section 1004 provides: "The couple was married before or after marriage in order to contract this Act shall be determined on the contract property, select one of for their matrimonial property system ", Article 1007 provides:" The matrimonial property contract entered into, change or repeal, shall be in writing. " This is the official history of our country有資質的正規(guī)翻譯公司哪個好 should be considered marital property agreement with the legislation.
1950, promulgated the "Marriage Law" (hereinafter referred to as "Marriage"), marital property agreement did not make explicit. But the Legislative Committee of the Central People's government政府許可的定點正規(guī)翻譯公司 "on the drafting history of the PRC Marriage Law and the drafting of the report the reasons" that the marriage "for all types of family property issues, equality between husband and wife can use the free voluntary agreement approach to solve, and this is For the families of both spouses have equal ownership of property rights and deal with other specific performance. " Here the family property agreement should include: ① allow the couple to agree on property issues; ② marital property agreement must follow the free, voluntary, the principle of equality; ③ object of marital property agreement is family property; ④ marital property agreement concerning the ownership of the and management rights. As the Central People's government政府許可的定點正規(guī)翻譯公司 Law Committee legislative interpretation by the force of law, it can be said of China's 1950 "Marriage" is essentially to allow the implementation of marital property agreement. However, due to social conditions, coupled with very little personal property, real life, as well as marital property agreement is difficult to embody the spirit of this legislation.
30 years after the founding of the PRC, China's economy has developed quite rapidly, people with certain changes in marriage and family values, marriage and family life has become increasingly complex. 1980 "Marriage" to meet the social, political, economic專業(yè)翻譯公司服務最好的, family development, in Article 13, paragraph 1, states: "acquired during the marriage, the couple owned property there, but unless otherwise agreed." Since then, China's production of marital property agreement as a necessary complement to the legal property system, to be formally identified. However, the legal system of marital property agreement is no specific standard, in reality, the couple how to use contract property, bad master.
To meet the increasingly complex relationship between the marital property, to meet the different social sectors of the matrimonial property system requirements in 2001, "Marriage," the further development of the matrimonial property system in China, continue to allow the marriage, the parties agreed to implement the property system, and the production of Marital Property amend and supplement the larger, more clearly defined system of marital property agreement the agreed terms, stipulations, agreed the content, form of contract, agreed to effect, after the debt settlement agreement and other issues. Give the contract property, such as the legal property system with the same legal status; to authorize the norms of matrimonial property produced, clearly stipulating the marriage, the parties can contract to make way for the marital property agreement; both no agreement or invalid, the application of the legal property system and so on.
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