夫妻约定财产制探析

Argument on Husband-wife Agreed Property System

夫妻约定财产制是指夫妻以契约的方式对其财产关系进行约定,性质上属于财产行为,应受财产法原理的指导,效力上优于法定财产制;夫妻约定财产的方式、时间及范围的法律限制;约定财产制下夫妻债务的承担,夫妻财产约定对第三人之效力。

Husband-wife agreed property system refers to such a system: The couple agrees on their property relation by covenant . It belongs to property conduct in effect according to the principles of property law, and is prior to legal property system. Legal restrictions on manner, time and scope of agreement are analyzed. How to undertake marital debts and the effect of agreement against strangers are argued.