现行《婚姻法》有关夫妻财产制度之审视及其完善

The Commentary on Our Current Couples Property Regulations

刚修订的《婚姻法》对夫妻财产制度作了新的规定,较原来规定有了很大的改善,但有关夫妻财产管理、处理方面的规定仍显得较为粗疏,存在一些不足:如共同财产规定得很不周延;夫妻财产契约的签订必须遵守诚信原则,不得有违社会之公序良俗,婚姻法对此有所疏漏;夫妻财产制度的约定缺乏公示程序的规定,令该约定缺乏公信力;夫妻财产制度缺乏协议变更程序等。应在此基础上做出相应的立法修改。

Thenewly-amended Marriage Law, which laid down a few new rules concerning the couples' property, has made a big improvement as compared with the old one. However, legislature seems relatively careless about management and disposal of couples' property, so itnecessary to make a further discussion as to law enforcement. Themain aim of this article is topoint out the defects o frules : The regulations about common property aren't comprehensively. The signing of property contracts of couple must be in accordance with the sincere principle, andthe marriage law slips this to some extent. The agreement of property systems of couple lacks the common regulation which shows the procedure and it make theagreement lack public trust to make. Property systems of couple lack agreement procedure o faltering the agreement. And then from thispoint, some legislationproposals should beputforward to the law.