论夫妻财产约定制度

发布时间：2018-04-06 22:20

本文选题：夫妻约定财产　切入点：契约自由　出处：《科技信息(科学教研)》2007年27期

【摘要】：夫妻间的财产关系是婚姻关系的一项重要内容,修正后的婚姻法对夫妻财产制度作了重要的修改和完善,明确规定了夫妻约定财产制的方式。《婚姻法》第十九条规定:"夫妻可以约定婚姻关系存续期间所得的财产以及婚姻财产归各自所有、共同所有或部分各自所有、部分共同所有。约定应当采用书面形式。没有约定或约定不明确的,适用本法第十七条、第十八条的规定。夫妻对婚姻关系存续期间所得的财产以及婚前财产的约定,对双方具有约束力。夫妻对婚姻关系存续期间所得的财产约定归各自所有的,夫或妻一方对外所负的债务,第三人知道该约定的,以夫或妻一方所有的财产清偿。"这是在1980年《婚姻法》第十条规定的基础上加以补充和完善形成的,其将夫妻约定财产制提高到了一个新的高度,即在司法领域给予当事人充分的自由,允许其在法律规定的范围内自主处分其财产权利。婚姻法中所规定的夫妻约定财产制体现了平等、自愿的契约自由原则,同时夫妻之间对财产的约定在本质上又是合同,在契约的形式、效力、解除等方面一定程度上也要受《合同法》的影响;随着经济的发展,个人私有财产增多的同时出现的经济纠纷的增多,实行夫妻之间财产约定渐成趋势,立法上确立夫妻约定财产制是必然的。
[Abstract]:The property relationship between husband and wife is an important content of marriage relationship. The amended Marriage Law has made important changes and consummation to the property system of husband and wife.Article 19 of the Marriage Law stipulates that: "A husband and wife may agree that the property acquired during the marriage relationship and the matrimonial property shall be owned by each other, jointly or partially, and partly jointly.The agreement shall be in writing.The provisions of Article 17 and Article 18 of this Law shall apply if there is no agreement or unclear agreement.The agreement of husband and wife on the property acquired during the marriage and on the premarital property shall be binding on both parties.Where the property acquired by the husband and wife during the existence of the marriage is the property of their respective parties, the debts incurred by the husband or wife shall be paid off by the property owned by the husband or wife. "This was formed on the basis of the provisions of Article 10 of the 1980 Marriage Law, which raised the system of agreed property between husband and wife to a new height, that is, to give full freedom to the parties in the judicial field.To allow them to dispose of their property within the limits prescribed by law.The contract property system stipulated in the Marriage Law embodies the principle of equality and voluntary freedom of contract. At the same time, the agreement on property between husband and wife is essentially a contract, in the form and effect of the contract.Lifting and other aspects are also affected to some extent by the "contract Law". With the development of the economy, the number of economic disputes arising at the same time as the increase in private property of individuals increases, and the practice of property agreements between husband and wife is gradually becoming a trend.It is necessary to legislate the property system of husband and wife.
【作者单位】：湖南工业大学法学院
【分类号】：D923.9

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