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《婚姻法》第十三条规定:“夫妻在婚姻关系存续期间所得的财产,归夫妻共同所有。双方另有约定的除外。夫妻对共同所有的财产,有平等的处理权。”这是对夫妻财产关系的基本规定。从这一规定可以看出,我国在规定共同财产制的同时,还允许夫妻双方另有约定,即约定财产制。约定财产制是指婚姻当事人,通过协议方式,解决其财产所有权的法律制度。约定财产制在《婚姻法》里只作了原则的规定,在实践中往往认识不统一,执行不一致。因此,无论从理论上或实践上去研究,探讨夫妻约定财产制都有着重要意义。在现实生活中,夫妻对财产问题作出约定的并不很多,为什么《婚姻法》还要允许约定呢?首先,约定财产制是对我国共同财产制的必要补充。夫妻对共同所有的财产有平等的占有、使用、收益和处分权,这是就一般情况而作出的规定,它不妨碍夫妻双方就
Article 13 of the Marriage Law stipulates: “The property acquired by the couple during the existence of the marital relationship shall be the property of both husband and wife unless otherwise agreed upon by both parties, and the husband and wife shall have equal treatment of all the property jointly owned.” This is The basic provisions of the relationship between husband and wife property. From this provision, we can see that while stipulating the common property system, our country also allows both husbands and wives to agree otherwise that the property system should be agreed upon. Agreed property system refers to the marriage parties, through the agreement, to solve their property ownership of the legal system. Agreed property system in the “Marriage Law” only made the principle of the provisions in practice are often not recognized unity, the implementation of inconsistencies. Therefore, no matter from the theory or practice to study, it is of great significance to explore the property system of husband and wife. In real life, there are not many husbands and husbands agree on the property issue. Why does the “Marriage Law” still allow the agreement? First of all, the contractual property system is a necessary supplement to our common property system. A husband and wife have equal possession, use, proceeds and sanctions for all common property, which is a provision made in the general case without prejudice to the fact that both husband and wife