典型婚姻模式下夫妻财产协议的限制

The Restriction of Marriage Property Agreement under the Social Typical Marriage Mode

现代婚姻法强调夫妻双方平等,而社会中典型的婚姻模式仍然是,婚后一方主要精力在获取物质利益,另一方主要精力在照顾家庭。婚姻财产法要兼顾夫妻双方平等的基本原则和社会典型婚姻模式。法定婚姻财产制同等评价财产取得和家务劳动,保障了婚后因为照顾家庭没有收入或减少收入的一方配偶的利益。夫妻双方约定婚后分别财产制或者放弃离婚时分割财产的,应当以放弃典型婚姻模式为前提条件,即婚后双方确实在获得物质利益和照顾家庭方面任务平分,否则分别财产制的协议或离婚放弃分配财产的协议没有效力。在订立夫妻财产协议时婚姻中一方占绝对主导地位的,协议违反善良风俗,合同自由在此让位于合同公正。婚后生活模式发生变化,其中一方为了照顾家庭减少工作或者放弃工作的,离婚时另一方不得主张婚姻财产协议,否则属滥用权利。

Modern marriage law emphasizes equality between husband and wife.But the typical marriage pattern in society is still that one of the spouses focuses on obtaining material benefits and the other on taking care of family.Therefore,the property law of marriage should take into account the basic principle of equality and the typical social marriage model.The legal matrimonial property system,which evaluates property acquisition and household work equally,protects the interests of the spouse who has no or less income due to the care of the family during marriage.If both husband and wife agree to divide the property or give up the division of property in divorce,it shall be based on the abandonment of the typical marriage mode,that is,the two parties really share the tasks in obtaining material benefits and taking care of the family equally after marriage,otherwise the agreement on divide property system or the agreement on renouncing the division of property in divorce is invalid.Where one party is absolutely dominant in the marriage at the time of the conjugal property agreement,the agreement is contrary to good custom,and contractual freedom here gives way to contractual justice.If one party works less or gives up work in order to take care of the family,the other party shall not claim matrimonial property agreement at the time of divorce,otherwise there will be abuse of right.