试论夫妻约定财产制度.docx

试论夫妻约定财产制度篇一:论夫妻约定财产制度的立法与完善东北财经大学网络教育本科毕业论文论我国夫妻财产制的不足与完善作者:何丽学籍批次: 学习中心: 层次: 专业: 指导教师: 目录一、夫妻约定财产制概述··················································3 二、夫妻约定财产制在我国的立法沿革·······································3 三、我国约定夫妻财产制的内容·············································4 (一)、约定的种类························································4 (二)、约定的生效要件····················································4 (三)、约定的时间························································5 (四)、约定的效力························································5 (五)、约定的变更和撤销··················································6 四、现行夫妻约定财产制的不足·············································6 (一)、对夫妻财产约定内容的合法性缺乏明确的限定··························6 (二)、夫妻财产约定对外效力的脆弱········································7 (三)、夫妻财产契约是否可以变更或撤销,立法没有作明确规定·················7 (四)、目前的夫妻财产约定立法并没有解决公示问题,这对约定当事人财产权益保障不力······················································7 (五)、是否允许婚姻当事人对财产的使用权、收益权、处分权进行约定,立法也应有所涉及········································8 五、如何完善我国的夫妻财产制·············································8 (一)、在《婚姻法》中明确规定夫妻财产约定的时间··························8 (二)、建立夫妻财产约定申报登记制度······································8 (三)、在《婚姻法》的条款中完善约定财产无效的情形························9 (四)、建立债权人撤销权制度··············································9 六、结论·································································9 七、参考文献·····································