论文部分内容阅读
夫妻财产契约和夫妻间的财产赠与合同在内容中常常都包含对某项或某几项具体财产所有权归属的约定,具有很大的相似性,但两者在本质上却有很大的差异,本文将从法律性质、生效要件和效力三个方面对两者进行比较和区分。一、法律性质比较(一)夫妻财产契约之性质夫妻财产契约是夫妻间关于财产的归属和管理所达成的合意,是平等主体的自然人之间设立民事
The property contract between husband and wife and the property gift contract between husband and wife often contain the agreement on the attribution of ownership of one or a few specific properties, but the two are essentially different in essence. This article will compare and distinguish the two aspects from three aspects: the nature of law, the effective requirements and the effectiveness. First, the legal nature of comparison (A) the nature of the marital property contract The marital property contract is between husband and wife on the ownership and management of property reached a consensus, is equal between the natural person to establish a civil