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Abstracts of marriage is the "two persons", like pre-marital property agreement is "joint venture" agreement, making a profit on the assets and the distribution of the most reasonable, and its function is "well-being", through the process of "emotional" ; marriage is two people love and the risk of property investment, like pre-marital property agreements are insurance contracts, property disputes on the most effective preventive doing, it is not really use the insurance, but the marriage to "a long and healthy life . " This article only for the marriage party to establish a good and harmonious marital relationship offers a new way of thinking.
Also mentioned in this article agreed matrimonial property system of China's shortcomings and put forward a few points, indicating the current marriage law is not perfect, the problem remains how to address the reader to think.
Keywords: agreement property, common property system in general is a community-property system were limited to property
With the industrialization and urbanization, in recent years, the social institution of marriage and marital behavior of tremendous and profound changes: the traditional concept of marriage and the institution of marriage is suffering from the pursuit of more freedom of individuality and individualism, the impact of values , the marriage rate decline, the divorce rate increased, the decline in the importance of the institution of marriage situation. Status: Recently, the China Women's Federation of China's 10 provinces (autonomous regions), the city of 4000 people had a "pre-marital property, whether there is a need both notarized" large-scale public opinion survey was 48.1 percent male, 51.9% were women, roughly in line with the China's population sex ratio, geographical survey, income, age and marital status also constitutes a basic line with China's population distribution. The survey results showed that Chinese people have pre-marital property notarization great differences of opinion, who were in support of the 42.6 percent accounted for, those who are against the 57.4 percent accounted for. Involved in a 10 provinces, autonomous regions and municipalities in the 4000 survey, 48.1% male, 51.9% were women, roughly in line with China's population sex ratio. Survey of geographical, income, age and marital status also constitutes a basic line with China's population distribution. It is said that the sample error rate of five per cent.
The study explained that the rise of pre-marital property notarization has its inevitability, as before the reform and opening up, China's average annual income of less than one thousand Renminbi yuan, little pre-marital property. Nineties, there has been substantial increase in living standards, a considerable number of people already have high-end real estate, cars and so on, to reach tens of thousands of household deposits, a few hundreds of thousands of persons, so pre-marital property, it came into being notarized.
And the number of divorce cases involving property disputes arising from the troubles, people tend to pre-marital property is one of the reasons for notarization. Statistics show that over the past two decades, China's courts at all levels of divorce cases increased an average of 9.08 percent last year to reach 1,199,000. The vast majority of these cases have a property dispute.
I personally think that the divorce cases in so many property disputes, which is not on the property of the husband and wife agreed to make a great relationship, and pre-marital property marital property agreement as an important way to agree more and more attention, At the same time, the law also attaches great importance to the academic world.
In view of these reasons, in order to prevent disputes, the prevention of disputes, both husband and wife either one or both of the protection of the legitimate rights and interests, the proposed increase in husband and wife agreed procedures for the registration of property. In order to adapt to the realities of social life and the need to align with the international community, in order to further improve the system of Marital Property in China, China should learn from the advanced legislative experience of other countries on the basis of the actual situation in China to establish a set of line with China's national conditions, both scientific, standardized, clear, specific and operational property of the husband and wife agreed.
First, China's system of property between husband and wife agreed, and the concept of the historical evolution
1, China's system of property between husband and wife agreed upon a long history, can be traced back to the thirties of last century. "Civil Code of the Republic of China" No. 4 for "relative" in section 4, "matrimonial property system" section 1004 states: "The husband and wife in a marriage before or after the marriage in order to contract on the agreed set this property, select the one their matrimonial property system ", Article 1007 states:" The husband and wife of property contract entered into, change or repeal, shall be in writing. " This should be regarded as the official history of our country have agreed matrimonial property legislation.
Promulgated in 1950, "Marriage Law of People's Republic of China" (hereinafter referred to as "Marriage") is not property of the husband and wife agreed to make explicit. However, the rule of law the Central People's Government Committee "on the Marriage Law of the PRC after the drafting and the drafting of the report of the grounds," pointed out, the Marriage Law, "for all types of family property, both spouses can be the equal freedom of voluntary agreement to resolve, and this is is the family property, both spouses have equal right to ownership and to deal with the specific performance of another. " Agreement of the family property here should include: ① allow both spouses to agree on the property; ② property between husband and wife must abide by the agreement freely and voluntarily, the principle of equality; ③ agreed matrimonial property is family property; ④ marital property agreement concerns the ownership of , management and so on. The Central People's Government as a result of the rule of law by the Legislative Commission explained that the force of law, it can be said that in 1950 China's "Marriage" is to allow the implementation of real property between husband and wife agreed. However, because of social conditions, coupled with real life, very little personal property, as well as husband and wife agreed that the property difficult to embody the spirit of the legislation.
Also mentioned in this article agreed matrimonial property system of China's shortcomings and put forward a few points, indicating the current marriage law is not perfect, the problem remains how to address the reader to think.
Keywords: agreement property, common property system in general is a community-property system were limited to property
With the industrialization and urbanization, in recent years, the social institution of marriage and marital behavior of tremendous and profound changes: the traditional concept of marriage and the institution of marriage is suffering from the pursuit of more freedom of individuality and individualism, the impact of values , the marriage rate decline, the divorce rate increased, the decline in the importance of the institution of marriage situation. Status: Recently, the China Women's Federation of China's 10 provinces (autonomous regions), the city of 4000 people had a "pre-marital property, whether there is a need both notarized" large-scale public opinion survey was 48.1 percent male, 51.9% were women, roughly in line with the China's population sex ratio, geographical survey, income, age and marital status also constitutes a basic line with China's population distribution. The survey results showed that Chinese people have pre-marital property notarization great differences of opinion, who were in support of the 42.6 percent accounted for, those who are against the 57.4 percent accounted for. Involved in a 10 provinces, autonomous regions and municipalities in the 4000 survey, 48.1% male, 51.9% were women, roughly in line with China's population sex ratio. Survey of geographical, income, age and marital status also constitutes a basic line with China's population distribution. It is said that the sample error rate of five per cent.
The study explained that the rise of pre-marital property notarization has its inevitability, as before the reform and opening up, China's average annual income of less than one thousand Renminbi yuan, little pre-marital property. Nineties, there has been substantial increase in living standards, a considerable number of people already have high-end real estate, cars and so on, to reach tens of thousands of household deposits, a few hundreds of thousands of persons, so pre-marital property, it came into being notarized.
And the number of divorce cases involving property disputes arising from the troubles, people tend to pre-marital property is one of the reasons for notarization. Statistics show that over the past two decades, China's courts at all levels of divorce cases increased an average of 9.08 percent last year to reach 1,199,000. The vast majority of these cases have a property dispute.
I personally think that the divorce cases in so many property disputes, which is not on the property of the husband and wife agreed to make a great relationship, and pre-marital property marital property agreement as an important way to agree more and more attention, At the same time, the law also attaches great importance to the academic world.
In view of these reasons, in order to prevent disputes, the prevention of disputes, both husband and wife either one or both of the protection of the legitimate rights and interests, the proposed increase in husband and wife agreed procedures for the registration of property. In order to adapt to the realities of social life and the need to align with the international community, in order to further improve the system of Marital Property in China, China should learn from the advanced legislative experience of other countries on the basis of the actual situation in China to establish a set of line with China's national conditions, both scientific, standardized, clear, specific and operational property of the husband and wife agreed.
First, China's system of property between husband and wife agreed, and the concept of the historical evolution
1, China's system of property between husband and wife agreed upon a long history, can be traced back to the thirties of last century. "Civil Code of the Republic of China" No. 4 for "relative" in section 4, "matrimonial property system" section 1004 states: "The husband and wife in a marriage before or after the marriage in order to contract on the agreed set this property, select the one their matrimonial property system ", Article 1007 states:" The husband and wife of property contract entered into, change or repeal, shall be in writing. " This should be regarded as the official history of our country have agreed matrimonial property legislation.
Promulgated in 1950, "Marriage Law of People's Republic of China" (hereinafter referred to as "Marriage") is not property of the husband and wife agreed to make explicit. However, the rule of law the Central People's Government Committee "on the Marriage Law of the PRC after the drafting and the drafting of the report of the grounds," pointed out, the Marriage Law, "for all types of family property, both spouses can be the equal freedom of voluntary agreement to resolve, and this is is the family property, both spouses have equal right to ownership and to deal with the specific performance of another. " Agreement of the family property here should include: ① allow both spouses to agree on the property; ② property between husband and wife must abide by the agreement freely and voluntarily, the principle of equality; ③ agreed matrimonial property is family property; ④ marital property agreement concerns the ownership of , management and so on. The Central People's Government as a result of the rule of law by the Legislative Commission explained that the force of law, it can be said that in 1950 China's "Marriage" is to allow the implementation of real property between husband and wife agreed. However, because of social conditions, coupled with real life, very little personal property, as well as husband and wife agreed that the property difficult to embody the spirit of the legislation.
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