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y property by mutual agreement : agreement is achieved by the people's court according to the specific circumstances of the family property , to take care of the woman and the children's interests and have conducive to the development of production ruling on the principle . " this is a requirement at that time , for the advancement of women as well as social stability and development played a positive role. However , as China's economy continues to develop , more and more rich family property , and property type and more diverse , people for their increasing awareness of the protection of property , 1950 's "Marriage" can not meet the needs of the times , so 1980, China promulgated the second " marriage" , which established the system of matrimonial property agreement . The marital property agreement system , refers to the couple through a written agreement on the marriage, matrimonial property rights to carry out the agreed legal system. Which Article 19 : "husband and wife can agree on marriage during the existence of the property and marital property is individually owned , common to all or part of their all, some common to all . Agreement shall be made in writing. No agreement or agreement is not clear , applicable provisions of Article 17 , the provisions of Article 18 . of marriage during the existence of the property and marital property agreement, binding on both parties . existence of marriage property acquired during their respective agreed to all of the , either husband or wife of external debt owed by the third person knows the agreements to settle all their possessions either husband or wife . " so we can believe that matrimonial property system applicable " There is agreement from the agreement, from the agreed a statutory " principle.

1950 "Marriage " in the personal property is basically required a divorce , the woman 's maiden all property owned by the woman , for the man's marital property and no special requirements , we can consider the legislation at the time the property was placed under the man's marriage became husband and wife jointly. As mentioned above, in 1980 the "Marriage Law" for a couple of personal property has been clearly defined .

1980 's "Marriage" by abolishing in 1950 , " marriage" in the divorce, the woman's marital property owned by the woman all of this provision , and established system of matrimonial property agreement , through this series of changes , we can see , our meaning of the parties the implementation of the legal principles of autonomy , but the range is constantly expanding.

Matrimonial property system is the duration of the marriage , one or both spouses resulting in property damage , unless otherwise provided by law or couples otherwise agreed, are common to all couples , husband and wife jointly owned property have equal possession, use, benefits , rights of action . Of 1950 "Marriage Law " special provisions for divorce , the woman the woman all property owned before marriage , both husband and wife can not protocol processing . And 1980 's "Marriage" to cancel this requirement , while its "Marriage Law" Article 13 This is clearly stated that " husband and wife in marriage during the existence of the property owned by the couple jointly owned , the parties have agreed otherwise exception . " ," husband and