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昆明翻譯公司關鍵字：Separate property system, including the termination of the spouses died, the couple husband and wife divorce and matrimonial property system of negotiated change. Since the separation of property regime, the couple's property rights and obligations are separate, there is generally no common property division and settlement. However, the ownership of a property if the case is unknown, then the property shall be presumed to be common property, naturally, need to be split. Also, if one spouse to make a special contribution to the marriage and family, according to the "Marriage Law" Article 40 provides that a party has made a special contribution to the enjoyment of compensation claim. However, this compensation claim property system only in the termination of exercise, respectively.
Third, the establishment of our marital property agreementTo be married couples or parties, entered into a contract to produce legal effects of property, general civil legal acts must be established with the effective elements.
1, both parties have full civil capacityThe parties entered into a marital property agreement must have the appropriate capacity for civil conduct, due to the legal age of marriage is much higher than the age of majority, and the "PRC Law on the Protection of Minors," prohibits the minor's parents or other guardians of minors enter into marriage Therefore, the parties entered into either before marriage or after marriage, marital property agreement entered into marital property agreement, will not involve a minor problem. Parties entered into a marital property contract law, of course, when there is a full civil capacity of adults, while a party of men no earlier than 22 years of age, women 20 years of age shall not be earlier than 2, meaning that the real parties
That the true meaning refers to the parties in their own free will and can confirm the meaning of the premise that the legal effect, the heart will be consistent with the external manifestations of state. Meaning that the real case of marital property agreement entered into in order to produce legal effects on the parties, if the parties of the inner and external performance will not meet, then the meaning of that unreal. Fraud, coercion, improper position of vulnerability and other acts of interference in the subject's intention, seriously undermined the principle of autonomy, which greatly damaged the interests of the parties, therefore, mean that these actions led to the law contrary to reason, can not produce a legal the effect of marital property agreement.
3, the behavior of the parties personally, do not apply agentRelationship between husband and wife are marital property subject of the enjoyment of property rights and obligations of holders of property. Entered into a marital property agreement with the parties as closely related to the legal acts, the parties must personally implemented, not agents, instead of any other person agreed by the parties to marriage are invalid. At the same time, due to a contractual relationship to the parties lives or significant personal property interests, involving mutual obligation to support the couple, relates to the obligation to raise and educate their minor children and the elders of maintenance obligations, so that only the parties to enter into himself in order to appropriately their social, economic專業翻譯公司服務最好的 status eligibility of contract. Such as Anhui branch of China Mobile with his wife Lee Hemou marital property agreement entered into must also be signed by the Hemou and Lee, the other no one can insight Hemou, Lee's inner true feelings.4, not against the law and the public interestLegal action to obtain the force of law, must comply with the law, otherwise only be invalid or voidable legal act. Here the "law" includes not only civil laws and regulations, but also include other departments of legal norms. Such as "General Principles of Civil Law" Article 58 provides that the following civil acts invalid: ① no capacity for civil conduct implementation; ② limited capacity for civil conduct shall not be implemented independently; ③ a party to fraud, coercion, or position of vulnerability, so that each other in case of violation of the true meaning of the order; ④ malicious collusion are detrimental to the state, collective or interests of third parties; ⑤ to legitimate acts conceal illegitimate purposes. Ineffective civil actions, beginning from the act invalid.
Fourth, in the form of marital property agreementMarriage, the parties marital property agreement is a certain way by their means that out of the agreed forms of behavior which has obvious legal implications. 2001 "Marriage Law" provides that marital property agreement shall be in writing. There is no agreement or agreement is not clear from the application of Article 17 of Law, the provisions of Article 18. Thus, our system of marital property agreement in writing, and not with oral and other forms.
Marital property agreement in writing, had to meet the legal requirements, but is subject to public notice procedures are not clearly defined. From foreign legislative perspective, marital property agreement in two forms:
First, the parties to be husband and wife enter into a written contract that is binding on the parties husband and wife, where the "wife" should be understood as both men and women in marriage, the man and woman as husband and wife as long as the conclusion, whether it is before marriage or after marriage property agreement signed agreement shall be deemed the property of the husband and wife agreed. If limited to marriage, obviously contrary to the legislative decree. Because the law was agreed to establish and improve the status of the system, one of the aims is to fully respect the autonomy of personal property, reflecting the party autonomy, clear ownership of property in marriage disputes can be reduced. If, prior to the registration of marriage property agreement is invalid, and only after registration of marriage property agreement was valid, then the marriage registration in both men and women after the party refused to agree once, would not only impose a legal common system?
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