Contractual mode of marital property in modern Chinese law

Despite the fact that the contractual mode of marital property is a new institution in a family law of China, it is devoted to a large array of legal regulation in family law of China. At the moment, China widely uses a special agreement on the mode of property relations of spouses, in particular the marriage contract. However, the legislation of the PRC in terms of regulating the property relations of spouses does not sufficiently meet the rapidly developing need for a marriage agreement. This article analyzes the contractual mode of marital property, the history of the institution and its evolution, and identifies gaps in legislative regulation in China. Features of legal regulation of the contractual mode of property relations of spouses in China are revealed. The paper uses materials and statistics from the judicial practice and legislation of the PRC. The article formulates proposals to improve the current family legislation of China. © 2019, by ASERS® Publishing. All rights reserved.

Authors
Publisher
ASERS Publishing House
Number of issue
5
Language
English
Pages
1505-1510
Status
Published
Volume
10
Year
2019
Organizations
  • 1 Department of International Relations, Peoples' Friendship University of Russia (RUDN University), Moscow, Russian Federation
Keywords
Law of the PRC ‘On marriage’; Legal mode of marital property; Legislation of China; Marriage contract; Property
Date of creation
02.11.2020
Date of change
02.11.2020
Short link
https://repository.rudn.ru/en/records/article/record/65732/
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