浅析我国夫妻约定财产制的完善

Perfection of Contractual Regime as to Marital Property in China

共同或个人财产的归属及范围确定已成为处理婚姻财产案件的重点,2001年《婚姻法》第19条将夫妻约定财产制以法条的形式予以确定,这项制度的设立使得夫妻双方享有一定程度的自由权,可通过协议的方式约定夫妻间的财产关系,积极维护了夫妻财产权益。但因其高度抽象性,导致夫妻约定财产制在实践过程中有着诸多模糊区域,主要表现在其行为性质、生效条件、财产范围、补救措施等方面。

With the fast economic development,Chinese citizens own more and more personal wealth. However,it also leads to a rapid growth of marital property dispute. The attribution and the range of marital common or personal property have been the focus of marriage property cases＇ judgments. Marital property system was officially established in the Marriage Law in 2001. It enables the couples to make an arrangement for their property in form of contract that actively maintain their property interests. But,due to its highly abstractness,there are many divergences in the judicial practice,such as the nature,the effective conditions,the property scope and the rescue measures. This article analyze those problems on the base of regulations,judicial practice.