夫妻财产约定问题研究 ——以公证员的视角分析-research on marital property agreement - analysis from the perspective of notary.docx

property.The first part is about brief introduction to case and dispute focus. Four cases of court adjudication are taken as example to introduce the problems about matrimonial property. In case husband and wife enter into an agreement to the effect that propertyof either party is taken as that of mutual ownership, the dispute focus lies in whether this problem shall be taken as gifting contract or the agreement on matrimonial property and be subject to Property Law and Contract Law or Marriage Law and whether procedures with respect to execution of ownership modification shall apply.In the second part, the author expresses explicitly that Article 19 under Marriage Law is the provision on the agreement on matrimonial regime as well as the characteristics and properties of matrimonial regime.In the third part, the author defines the scope of agreed matrimonial regime, offers a specific interpretation on Article 19 under Marriage Law, raises the opinion that it shall be deemed as gifting conduct instead of agreed matrimonial regime when property of either husband or wife is considered as mutual property based on an agreement, and point out the profound significance of distinguishing the agreement on matrimonial regime from the gifting conduct in the field of notarization.In the fourth part, the author has a discussion about the laws applicable to the agreement on matrimonial regime. Provisions on ownership modification under Property Law are applicable to force and effect of ownership modification automatically generated when the agreement on matrimonial regime comes into force, and ownership modification with respect to the gifting conduct must be in compliance with the provisions on ownership modification.In the fifth part, the author points out that there are not any particular legal provisions on cancellation of the agreement on matrimonial regime for the reason that such problem is essentially a civil juristic act of which establishment and validation shall be su