论夫妻约定财产制  

On the Marital Agreed Property System

作　　者：赵艳 

机构地区：[1]贵州大学法学院,贵州 贵阳

出　　处：《法学（汉斯）》2023年第3期1697-1704,共8页Open Journal of Legal Science

摘　　要：由于传统的家庭共同体观念与个人权利意识产生了冲突,为保护夫妻个人财产权利以及相对人的合法权益,夫妻约定财产制度需要对缔约主体、订约时间、公示制度等方面进一步明确,以满足夫妻个人财产权利的要求。从该制度兼具的身份关系以及财产关系来对夫妻约定财产制进行研究,从而得出夫妻财产约定主体除了夫妻以外,还可以是限制民事行为能力人这类特殊主体,其缔结夫妻财产协议,适用代理制度;明确夫妻双方可以在婚姻关系缔结前、婚姻关系缔结时以及婚姻关系存续期间订立财产约定;明确订约时选择何种方式,在约定变更撤销时也应该适用同样的方式;为更好贯彻民法意思自治原则,明确夫妻双方可协议选择公示制度。Due to the conflict between the traditional concept of family community and the awareness of individual rights, in order to protect the personal property rights of husband and wife and the legitimate rights and interests of third parties, the system of property agreement between husband and wife needs to further clarify the contracting subject, contracting time, publicity system, etc., so as to meet the claims of husband and wife’s personal property rights. From the identity relationship and property relationship of the system to study the marital agreement property system, it can be concluded that in addition to the husband and wife, the subject of the marital property agreement can also be a special subject such as a person with limited capacity for civil conduct. The agency system is applicable;it is clarified that the husband and wife can enter into a property agreement before the conclusion of the marriage relationship, at the conclusion of the marriage relationship, and during the existence of the marriage relationship;it is clear which method to choose when signing the contract, and the same method should be applied when the agreement is changed and revoked. It is better to implement the principle of autonomy of will in the civil law, and make it clear that the husband and wife can choose the publicity system by agreement.

关 键 词：夫妻约定财产制 理论建构 现状 完善路径 

分 类 号：D92[政治法律—法学]