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麗江翻譯公司關鍵字：Property and how the party more to safeguard their legitimate interests? Therefore, the main body of marital property agreement protocol in the "couple" means in dealing with property for the husband and wife, not husband and wife when the property agreement.
Second, the marital property agreement in writing entered into before and after a certain publicity procedures to produce legal effects. Therefore, this paper argues, the parties entered into a marriage marital property agreement in writing, due process requires publicity, and the notary shall prevail.
According to the "Marriage Law" provisions, marital property agreement in force on the third condition, only the third person knows that the agreement in order to antagonize the effect of a third person; otherwise, marital property agreement be effective only within marriage, not the third were effective. This is not conducive to the couple with a third party independent economic專業翻譯公司服務最好的 exchanges occur. Meanwhile, our broad geographic, population, more necessary to check the third person; addition, China's notary system is an important part of the judicial system, in a business專業英語翻譯公司科技文件翻譯哪里最好 district at least one notary notary public, the acceptance of marital property agreement is very favorable can achieve the effect of publicity credibility. Therefore, to promote judicial reform, height, time and cost savings from the transaction perspective, to effectively promote the development of civil transactions, "Marriage" should provide public notice of the judicial interpretation of the procedural requirements, clearly known to the public sector should be a notary public. Such as the French Civil Code provides that all marital property agreement, should the presence of a notary public, the parties have agreed to this Agreement, and must have a notary public to sign the contract, the certificate must be specified before the wedding to pay as officials, Germany and China Civil Code has similar provisions. Macao region of China, "Macao Civil Code," also used fair procedures, select the matrimonial property system provides pre-marital agreement must be notarized form, the order to produce legal effects
Marital property agreement is a notary public notary according to the couple's application, the applicant shall prove that the debt on their property and the scope of rights and obligations related to the ownership and consensus and agreement of the authenticity and legality of the activities. Marital property agreement notarized agreement by either one or both spouses domicile or jurisdiction notary agreement is signed. For the application has been accepted, the review should focus on notary: ① whether the true identity of the parties; ② the documents submitted by the parties, evidence is true, valid; ③ whether the parties have full civil capacity, whether the agreement is the parties agreed to the real meaning of that, with or without fraud, coercion; ④ content of the agreement is complete, the accuracy of written expression is consistent with legal requirements. Marital property agreement protocol should have the following: ① the basic situation of the parties, including name, gender, address, occupation, etc.; ② property status, agreed the property involved (including debt) the name, number, size, type, value, status other; ③ ownership of the property; ④ to live together during the property management, use, maintenance, principles of action; ⑤ lifting agreement or contract dispute resolution methods; ⑥ Other necessary that both sides agreed.
Fifth, the effect of marital property agreement1, the effectiveness of internal marital property agreementMarital property agreement enters into force, between husband and wife and their heirs in the property agreement between the effectiveness of property rights, marriage, the parties to this agreement are subject to constraints. Both spouses must be exercised in accordance with contract rights, obligations, distribution of marital property interest must also be conducted in accordance with valid agreement. "General Principles of Civil Law" Article 57 provides that a civil legal action from the time when the establishment of a legally binding, non-actors in accordance with the law or to obtain consent of the other, may change or remove. Violation of either spouse property agreement, will bear the corresponding liability for breach. Property of both spouses must strictly enforce the agreement, shall not be changed, revoked. Really need to change the
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