目 录
我国现行《婚姻法》有关夫妻财产制度规定了个人特有财产制、法定财产制以及约定财产制。夫妻间的法定财产制又称补充财产制，概括现行《婚姻法》精神，凡认为是夫妻共同所有财产的，须具备三个条件：第一，必须是婚姻关系存续期间双方合法取得的财产；第二，必须是未被双方约定为个人所有财产或者约定无效的婚后所得；第三，必须是法定个人特有财产以外的双方婚后所得财产。
夫妻特有财产指法律规定的夫妻任何一方对婚前的财产或者婚后所得的某些财产，由夫或妻一方管理使用、占有、收益、承担义务和处分的权利，以及就该特有的财产效力等形成的法律制度。
夫妻约定财产制度是指法律允许夫妻以契约的形式约定婚前财产和婚姻关系存续期间所得的财产所有关系的夫妻财产制度，是夫妻法定财产制的对称。夫妻约定财产制度体现了自愿、平等的契约自由原则，同时夫妻间对财产的约定在本质上是合同，约定的效力、形式、解除等方面在一定程度上也要受《合同法》的影响；随着经济的快速发展，在个人私有财产增多的同时也出现了很多的经济纠纷，实行夫妻间财产约定逐渐成为趋势，立法上确立夫妻约定财产制度是可取的，这实际上是在私法领域给予了当事人充分的自由，允许其在法律规定的范围内自主处分其财产权利。
关键词：
夫妻财产 夫妻约定财产制度 个人私有财产
The current “Marriage Law” marital property system provides for the legal property system, the system of individual property and the appointed property system. Between husband and wife legal property system, also known as supplementary property system, summed up the spirit of the existing Marriage Law, where is a couple of common property, must have three conditions: first, must be both the marital relationship during the existence of lawfully acquired property ; not the two sides agreed to the marriage proceeds for personal property or the agreement is invalid; the third, must be property derived from the statutory individual property outside marriage.
The unique property of husband and wife law spouse on the marital property or marriage proceeds of certain property by the husband or wife a party has possession, management uses earnings and dispose of the rights and obligations, as well as the effectiveness of the unique property of the formation of the legal system.
Marital property system is permitted by law husband and wife agreed to the contract in the form of the matrimonial property system of marital property and marital relations subsisting property acquired during the relationship is the symmetry of the husband and wife legal property system. Marital property system embodies the principle of equality, voluntary freedom of contract, agreement of property between husband and wife, in essence, a contract in the agreed form, effectiveness, lifting aspect to some extent, but also by the “Contract Law” ; With economic development, the number of individual private property, economic disputes, an increasing number, the implementation of a property agreement between husband and wife become the trend, legislation to establish Marital Property system is desirable, which is actually given in the field of private law parties full freedom, their autonomy within the limits prescribed by law to dispose of their property rights.
Key words: Matrimonial property Marital Property System Private property
