论夫妻财产约定制度

In terms of husband and wife,property arranges system

夫妻间的财产关系是婚姻关系的一项重要内容,修正后的婚姻法对夫妻财产制度作了重要的修改和完善,明确规定了夫妻约定财产制的方式。《婚姻法》第十九条规定:"夫妻可以约定婚姻关系存续期间所得的财产以及婚姻财产归各自所有、共同所有或部分各自所有、部分共同所有。约定应当采用书面形式。没有约定或约定不明确的,适用本法第十七条、第十八条的规定。夫妻对婚姻关系存续期间所得的财产以及婚前财产的约定,对双方具有约束力。夫妻对婚姻关系存续期间所得的财产约定归各自所有的,夫或妻一方对外所负的债务,第三人知道该约定的,以夫或妻一方所有的财产清偿。"这是在1980年《婚姻法》第十条规定的基础上加以补充和完善形成的,其将夫妻约定财产制提高到了一个新的高度,即在司法领域给予当事人充分的自由,允许其在法律规定的范围内自主处分其财产权利。婚姻法中所规定的夫妻约定财产制体现了平等、自愿的契约自由原则,同时夫妻之间对财产的约定在本质上又是合同,在契约的形式、效力、解除等方面一定程度上也要受《合同法》的影响;随着经济的发展,个人私有财产增多的同时出现的经济纠纷的增多,实行夫妻之间财产约定渐成趋势,立法上确立夫妻约定财产制是必然的。

Marital property relations is an important part of marriage, the revised Marriage Law made important changes and improvements for conples propenty system a clearly defined system of property between husband and wife. The＂Marriage law＂Artice 19：＂The husband and wife Can agree marriage and property acquired during the time of their premarital property to all, common to all or part of their ownership, some common to all. The stipulation shall be in written form. Not agreed or agreed not clear that the application of Article 17 of this Law, Article 18. couples to marriage and property acquired during the existence of premarital property binding on both parties. This couples with marital relationships acquired the property of their respective agTeed to all, any debts owed by the husband or the wife and the third, who knows the agreements, All property by the husband or the pqrty to the liquidation.＇This is the＇Marriage Law＂in 1980 on the basis of the provisions of Article 13 to supplement and perfect shape, the property system will be husband and wife agTeed to a new height, in the field of private law clients full freedom to allow their autonomy within the framework of the law against their property rights. I think marriage between couples specified property system embodies equality, the principle of voluntary contractual freedom, and of property between husband and wife agreed in essence is a contract in the form of compact, effective, the areas to a certain extent also by the ＂Contract Law＂; With the development of economy individual private property accompanied by increased economic disputes have increased, the agreement has gradually become the trend of property between husband and wife, husband and wife agreed legislation establishing property system is desirable.