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一、我国夫妻约定财产制的概念和内容夫妻约定财产制,是夫妻双方通过协议商定其婚前财产、婚后财产的占有、使用、管理、收益、处分等事项,并排除法定夫妻财产制适用的制度。根据上述规定,可以看出我国夫妻约定财产制主要有以下内容:夫妻可以约定婚姻关系存续期间所得的财产以及婚前财产归各自所有、共同所有或部分各自所有、部分共同所有。且该约定应当采用书面形式。没有约定或约定不明确的,适用《婚姻法》第十七条、第十八条的规定。夫妻对婚姻关系存续期间所得的财产以及婚前财产的约定,对双方具有约束力。
First, the concept of marital property in China agreed and the contents of the property system, the husband and wife agreed to the property system is the husband and wife through agreement to agree on their pre-marital property, the possession of the property after marriage, use, management, revenue, disposition and other matters, and rule out the statutory conjugal property system system. According to the above provisions, it can be seen that the husband-wife property agreement in our country mainly includes the following contents: The husband-wife may agree that the property acquired during the marriage period and the property before marriage shall belong to all, all or part of their property, and partly together. And the agreement should be in writing. If there is no agreement or the agreement is not clear, the provisions of Article 17 and Article 18 of the Marriage Law shall apply. The agreement between the couple on the property acquired during the existence of the marital relationship and on the property before marriage shall be binding on both parties.