Contractual Mode of Marital Property in Modern Chinese Law
Abstract
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.
References
[2] Civil code of the Republic of China. 1986. http://chinalawinfo.ru/civil_law/general_principles_civil_law.
[3] Dyakovych, M. 2018. Legal nature of the will of spouses under the legislation of Ukraine. Journal of Advanced Research in Law and Economics 9(5): 1637-1642.
[4] Fedorova, V.D. 2018. Influence of internal and external factors on the development of china’s legal and judicial system. Journal of Advanced Research in Law and Economics 9(7): 2309-2315.
[5] Fuhua, T.S. 2013. Controversial issues of determining the rights and obligations to the property of spouses. People's court Publishing.
[6] General program of the People's political consultative Council of China. 1952. Legislative acts of the people's Republic of China. https://books.google.com.ua/books/about/%D0%9E%D0%B1%D1%89%D0%B0%D1%8F_%D0%BF%D1%80%D0%BE%D0%B3%D1%80%D0%B0%D0%BC%D0%BC%D0%B0_%D0%9D%D0%B0%D1%80%D0%BE%D0%B4.html?id=Cfw1AAAAIAAJ&redir_esc=y.
[7] George, S. 1888. Principles of life in China. Nauka.
[8] Giles, G. A. 1914. China and its life. Nauka.
[9] Gubaidullin, V.M. 1981. Marriage regulations in the border region of Shaanxi Gansu-Ningxia. Revolutionary power in the liberated regions of China 1937 – 1945. Progress.
[10] Gudoshnikov, L.M. (ed.). 1984. PRC marriage law 1980, in Legislative acts of the people's Republic of China: Constitution and legislative acts. Progress.
[11] Gudoshnikov, L.M. 1977.The main constitutional program of the Chinese Soviet Republic, in Soviet regions of China. Nauka.
[12] Gudoshnikov, L.M. 2003. PRC marriage law 1980. Express-Information 4: 59-69.
[13] Han, H.A. 2017. Selection of Cases on Family Law. China University of politics and law Press.
[14] Junkai, V. 2013. Problems arising in insurance contracts. Chinese University of politics and law Press.
[15] Karmaza, O.O., et al. 2019. Civil law contract: Doctrinal and legal approaches. Asia Life Sciences 21(2): 821-836.
[16] Karmaza, O.O., et al. 2018. The protection of civil rights and interests in the court. Journal of Advanced Research in Law and Economics 9(8): 2622-2630.
[17] Kostruba, A.V. 2018a. Law enforcement as a form of realization of right: Phenomenological analysis experience (Civilized aspect). Revista de Derecho Civil 5(1): 177-190.
[18] Kostruba, A.V. 2018b. Right deprivation in the legal regulation mechanism of civil property relations. Journal of Legal, Ethical and Regulatory Issues 21(Special Issue 1): 1544-0044-21-S1-252.
[19] Kovalev, E.F. (ed.). 1952. PRC marriage law 1950, in Legislative acts of the people’s Republic of China. Inostrannaya literatura.
[20] Marriage law in the Soviet Republic of China. 1977. https://cnlegal.ru/civil_law/china_family_law/.
[21] Marriage, family and guardianship code. 1950.http://pravo.gov.ru/proxy/ips/?docbody=&link_id=13&nd=102010117.
[22] Svistunova, N.P. (translator). 1997. The laws of the great Ming the consolidated review and the application of regulations (Da Ming lü JI Jie fu Li). Publishing company Vostochnaya Literatura. https://www.twirpx.com/file/1745024/.
[23] Venyukov, M. 1874. Essays of modern China. Nauka.
[24] Wei, V. 2017. Topical issues of the development of the marriage contract: theory and practice. China University of politics and law Press.
[25] Xiaomei, T. 2015. Legal aspects of the marriage agreement. China University of politics and law Press.
[26] Ying, S. 2014. The Research of the System of Common Property between the Wife and Husband in China. Science D923.9.
[27] Zhi, H. 2016. Contractual regulation of property relations in the family. Peking University Press.
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