我国夫妻约定财产制研究

Research on the Property System of Husband and Wife Agreement in China

夫妻约定财产制不同于夫妻间赠与、夫妻间关于财产的约定,但实践中常出现将这几个概念弄混的情况。我国夫妻约定财产制起步较晚,各方面不够完善,仍存在一些漏洞。如立法上没有明确约定财产协议的生效时间、没有明确约定财产协议的物权变动效力、没有规定协议的变更、撤销规则等,可以借鉴域外立法例,对我国约定财产制加以完善。

The property system of husband and wife agreement is different from the gift between husband and wife and the agreement on property between husband and wife, but in practice, these concepts are often confused. China’s husband and wife agreement property system started late, all aspects are not perfect, and there are still some loopholes. For example, the legislation does not clearly stipulate the effective time of the property agreement, does not clearly stipulate the effect of the change of property rights of the property agreement, does not stipulate the modification of the agreement, and the rules for revocation. We can refer to extraterritorial legislation to improve China’s contractual property system.