问题 问答题

男女双方能否在婚前进行有关夫妻财产的约定约定财产制与法定财产制的关系如何

答案

参考答案:[答案及解析]
[考点] 约定财产制的内容
关于夫妻财产的约定时间,可以在结婚之前,也可以在结婚之后即婚姻关系存续期间。只是在婚前的有关约定,在婚姻关系正式成立之后才发生夫妻财产约定的效力。如果双方没有结婚,则有关约定不发生效力。约定财产制优于法定财产制,或者说,关于夫妻财产的归属,有约定的按照约定,没有约定的则按照法律的规定确定。
关于夫妻财产约定的时间,目前世界上主要有两种立法例,一是仅限于婚前订立,如法国、日本等;二是无限制,婚前、婚后均可订立,如英国、德国等。我国《婚姻法》对财产约定的时间也没有限制性的规定,可以由当事人自由在婚前或婚后约定。所以,某男与某女婚前进行有关的约定并不违背法律的规定,应当是允许的。
而关于约定财产制与法定财产制的关系,《婚姻法》第19条第1款明确规定,没有约定或约定不明确的,适用《婚姻法》第17、 18条的规定。这一规定表明:约定优于法定。

阅读理解

I come from a city on the United States’east coast. It’s a ten-hour flight for me to get home from Shanghai. When I got off the plane, I took photos of the blue sky and white clouds along the way. After two weeks, I returned to Shanghai. Much to my surprise, the blue sky in Shanghai that I liked before was not as blue as that in the US. I couldn’t help wondering what had happened.

A few days later, I went to tour Waitan (a famous tourist attraction in Shanghai) by the Huangpu River with some of my friends. There we saw five Ferrari sports cars by the side of the road. The red and yellow cars looked so nice that everyone was looking at them. However, when I turned my head, I noticed the sky over Waitan, I was shocked to find that the buildings in the Lujiazui area on the other side of Huangpu River could hardly be seen. It was then that I realized that Ferrari cars could be bought with money, but a blue sky couldn’t.

Shanghai is an important economic (经济的) and trade center in China. It has made great contributions (贡献) to the whole nation’s economic development. However, we need to protect the environment during economic growth. Pollution is poisoning our air and our rivers. Without clean air and rivers, how will people be able to survive?

小题1:The author mentioned the Ferrari sports cars in order to _______.

A.tell us that Shanghai is a developed city

B.ask us to stop driving sports cars

C.tell us how much people like cars

D.focus our attention on air pollution小题2:What can we learn about the author?

A.He comes from Shanghai.

B.He likes to visit different places.

C.He wants to buy a Ferrari sports car.

D.He is socially responsible (责任).小题3:Who might be interested in this passage?

A.Those who love Ferrari sports cars.

B.Those who care about the environment.

C.Those who want to travel in Shanghai.

D.Those who like to take photos.小题4:What is the best title for this passage?

A.Money Can Buy Ferraris, But Not a Blue Sky

B.Where People Should Live

C.Different Opinions on Cars

D.Different Places Have Different Skies

填空题