探析我国夫妻约定财产制的完善

发布时间：2018-06-27 13:13

本文选题：夫妻 + 约定财产　；参考：《广西大学》2017年硕士论文

【摘要】：家庭是社会的基本单元,夫妻关系是家庭关系中的核心。夫妻关系除涉及情感外,更多时候还涉及财产。在我国,夫妻约定财产制从国家允许承认到明确制度化,是一个逐步完善的过程。2001年的《婚姻修正案》在许多方面完善了夫妻约定财产制,但对夫妻约定财产制的订约主体、订立时间、协议的内容以及协议的变更、撤销并未作出明确的规定,导致学术界以及司法实务中,对夫妻财产制的具体运用以及矛盾纠纷的处理存在诸多争议。随着市场经济利益多元化发展,夫妻财产关系日益复杂化,夫妻财产的管理和分配都面临许多问题,更多夫妻间财产方面的矛盾纠纷以案件的形式进入司法渠道。但由于无法可依,司法实践中存在同案不同判的现象,难以实现案件审判的法律效果和社会效果的统一。因此,对夫妻约定财产制进行立法规范的呼声越来越高。本文共分为三章,从分析我国夫妻约定财产制存在的缺陷入手,找出完善夫妻约定财产制的必要性,进而试着探索如何建立和完善符合我国国情的夫妻约定财产制。然而,清官难断家务事,在对一些问题的论证和意见的采纳上,笔者并未采取非此即彼的态度,而是从司法实务的角度,提出相对合理的措施来解决夫妻约定财产产生的矛盾纠纷,以此来为我国夫妻约定财产制的完善尽绵薄之力。
[Abstract]:The family is the basic unit of the society, and the husband and wife relationship is the core of the family relationship. In addition to the emotional relationship, more often also involving property. In our country, the marital contract property system is a gradual improvement process from the state permission to the explicit institutionalization. The Marriage Amendment in 2001 has perfected the marital contract property system in many aspects, but the contracting subject of the husband and wife contract property system. The time of conclusion, the content of the agreement and the change of the agreement are not clearly stipulated, which leads to a lot of disputes on the specific application of marital property system and the handling of contradictions and disputes in academia and judicial practice. With the diversified development of market economy interests, the relationship between husband and wife property is becoming more and more complicated. The management and distribution of marital property are faced with many problems. More contradictions and disputes between husband and wife property enter the judicial channel in the form of cases. However, it is difficult to realize the unification of the legal effect and the social effect of the case trial because of the fact that there are different judgments in the same case in the judicial practice. Therefore, the voice of the husband and wife agreed property system legislation is increasingly high. This article is divided into three chapters, starting with the analysis of the defects of the husband and wife contract property system in our country, find out the necessity of perfecting the husband and wife contract property system, and then try to explore how to establish and perfect the husband and wife contract property system in accordance with the national conditions of our country. However, it is difficult for the clean officials to break down the family affairs. In the argumentation and the adoption of opinions on some issues, the author does not adopt the attitude of either one or the other, but from the angle of judicial practice. This paper puts forward relatively reasonable measures to solve the conflicts and disputes arising from the agreed property of husband and wife in order to contribute to the perfection of the system of agreed property of husband and wife in our country.
【学位授予单位】：广西大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D923.9

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