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.