夫妻财产约定公证的完善

On the Improvement of the Notarization for the Property Commonly Owned by Husband and Wife

夫妻财产约定制度具有对内对外效力。立法对约定的对外效力的规定并不完整,在夫妻对债务约定上应注意对财产进行约定时应同时对债务进行约定及防止当事人借约定来逃避债务,公平性原则以及约定财产的静态性和动态性问题。应从建立夫妻财产约定申报登记制度和进一步完善不动产登记制度来探讨和完善夫妻财产约定公证法律制度等相关立法建议。

The system of Notarization of property owned commonly by husband and wife agrees with the internal and external validity. Legislation on the external validity of the agreement is not a complete one. When they assign an agreement of property, attention should be given to the debt issues and persons seem to be subject to execution shift, hide the property in order to escape debts. Husband and wife should pay attention to the property agreed to be carried out at the same time on the debt agreement and prevent the parties by agreement to avoid debt, the principle of fairness as well as the agreement of the static property and dynamic nature of the problem. Should be the establishment of property between husband and wife agreed to declare the registration system and further improve the real estate registration system to improve the marital property agreement notarized legal system related legislative proposals.