In life, there may be many agreements between husband and wife, among which the agreement on property is often the case. But what are the legal requirements for husband and wife property agreement? This is a question that everyone needs to understand. The editor of the outside China law website compiled the following content to answer your questions, and I hope to help you.
1 (1) The parties to a marriage must have the ability to enter into an agreement. The subject of the agreement must be both the spouse and a person who has full capacity for civil conduct. A person with limited or incompetent civil capacity must not agree, and no one else can agree.
When making an agreement, both parties must follow the principles of equality, voluntariness, and legality, consciousness indicates truth, and fraud, intimidation, or risk of others can make the other party s agreement contrary to its true meaning invalid. At the same time, it is strictly forbidden to circumvent the law or infringe on the legitimate rights and interests of a third party by means of an agreement. In addition, as to the factual marital relationship that is conditionally recognized in judicial practice, they are required to meet the statutory marriage conditions when they request divorce or start cohabitation. Therefore, when confirming their factual marriage relationship, they already have the ability to enter into contracts. Marital property contracts should be considered as having the necessary conditions for contracting.
Forms and elements required to enter into a property contract for husband and wife. All countries generally believe that the agreement on husband and wife property is a mandatory act, which must be in written form, and the oral agreement is invalid. China s Marriage Law in 2001 stipulates that the agreement of husband and wife property shall be in written form. If there is no agreement or the agreement is not clear, the provisions of Articles 17 and 18 of the Law shall apply.
The procedural elements of the husband and wife property agreement. Looking at the marriage legislation of various countries, there are two main ways to confirm the procedure of the husband and wife property agreement. One is the notarization method and the second is the registration method. There is no stipulation in our legislation on this. The seriousness of the property contract with the husband and wife to prevent disputes and prevent disputes. The relevant marriage legislation should strengthen the registration procedure of the spouse s agreed property. With reference to foreign legislative experience, the pre-marital agreement should register the content of the spouse s property at the same time as the marriage registration. It should be recorded in the registration file, and the person who agrees the property contract after marriage should also register with the marriage registration agency. After this registration procedure is confirmed, it can not only prevent the dispute but also resolve the dispute in a timely and effective manner when the dispute occurs.