THE AGREED MARITAL PROPERTY SYSTEM IN THE MODERN LAW OF THE PEOPLE'S REPUBLIC OF CHINA

The agreed marital property system is the core content of the law which adjusts couples’ relations on property. In practice, special agreements on marital property and prenuptial agreements are widely used. In China legislation on the agreed marital property system does not meet the fast growing need for prenuptial agreements. This article analyzes the contractual regime of spouses' property, the history of the emergence of this institution and its evolution, as well as gaps in legislative regulation in the PRC. The features of the legal regulation of the agreed marital property system in China are revealed. This article presents a legal analysis of the features in regulation on agreed property system in marriage law in China. The references and statistics in this article are from Court of China and Chinese law. The current marriage law has only one legal provision on agreed marital property system, the legislation defects of agreed property system exist in it. In the agreed property system, stipulate the essential and formal requirements, clear its types and content. The types, content, agreed time, procedure for certifying the marriage agreement and rules on their validation are urgent issues for improving the property regime of spouses in the PRC marriage law. This paper has proposed improvements on current marriage and family law of the People's Republic of China.

КНР «О браке», договорный режим имущества супругов, законный режим имущества супругов, брачный договор, собственность