论夫妻财产制与民事交易安全

夫妻财产制直接制约着涉及到夫妻财产的民事交易安全 ,民事交易安全应成为夫妻财产制立法的原则之一。在夫妻财产制立法中强化对民事交易安全的保护是我国经济发展的客观要求。立法应就财产归属以及夫妻财产权利的各项权能 ,夫妻对外责任 ,夫妻约定财产制等作出明确的规定 ,使夫妻对本人和配偶有关财产的行为及其后果有可预见性 ,也使交易对方知晓交易的后果 ,以保护夫妻双方以及与之交易的第三人的财产安全和合法权益。

Property system of husband and wife and civil transaction safety

Property system of husband and wife restricts directly civil transaction safety of husband and wife's property. Civil transaction safety should be one of the principles of legislation of husband and wife 's property. In legislation of husband and wife 's property, the emphasis on protecting civil transaction is objectively necessary for economic development in China. Its legislation should define ownership of property, powers and functions of property right of husband and wife, responsibility of husband and wife, appointed property system of husband and wife and so on, so that husband and wife could foresee his her own or spouse's action and result of property, let the other side of transaction know the result , protect the property and legal rights of both husband and wife and the third person transacting with them.