Research on Chinese Legal Husbands and Wives’ Property System
|School||East China University of Political Science|
|Course||Civil and Commercial Law|
|Keywords||Marital Property System Joint Postnuptial Property System Joint Property of Spouses|
The meaning of Marital Property System is that after man and woman married,according to the law to manage and handle their properties. Marital Property System isa directly applied system set up by law in advance in the case that property system isnot engaged. At the moment, in China, the Marital Property System is joint postnuptialproperty system, including community property and personal property. This document explainsrationality of Marital Property System in China by joint postnuptial property system, verifiesthat this Legislation selection complies with the development trend of marital legislation history ofseveral decades in China, and it is the most suitable Marital Property System in China. According tothe research comparing legislation of Marital Property System between foreign countries and ourcountry, the points that not good enough and need to be improved of the existing“Marriage Law”inChina can be found.The first：The overview of Marital Property System. Simply explaining theconcept, types of Marital Property System, and analysis of comparison betweenmainland law systems of France, German, Italy and between law systems of Englandand USA. Furthermore, summarizing the development trend of existing MaritalProperty System based on it. The second: Analysis of existing Marital Property System in China. It explains the history variation process of Marital Property System, joint property of spouses, and definition of personal property. And it points out the points that not good enough and legislation idea of existing Marital Property System in China according to the legislation of Marital Property System of foreign countries.The third:The research regarding questions of Marital Property System in China. Discussing the question that if pensions, antemarital property, postnuptial income and educational background certificates can be included in joint property of spouses.