Very matrimonial property research
|Course||Civil and Commercial Law|
|Keywords||Matrimonial regime Statutory regime Special statutory matrimonial regime|
Special matrimonial regime is a property system compared with normal matrimonial regime. In some countries such as German, France and Switzerland, etc., special matrimonial regimes are relatively mature, but in our country, the current legal matrimonial regime and contracture regime is a single system based on normal state of marital relationship. With the rapid development of internal economy, social property relations are becoming more and more complicated. Since family is the cell of society, martial property relations have changed greatly. The range of martial property is becoming more and more diverse, and there are more and more martial property disputes. Moreover, the risk of transaction between a third party and a partner rises. Once the statutory special causes happen during the marriage, the current martial property system can’t regulate the martial property relations efficiently.The fundamental conception, the characteristics as well as the primary types of special martial property were identified at the first part of this thesis. Then comparative laws were used as points of penetration, instances of legislation of various countries and regions, such as German, France and Switzerland, were compared. By reviewing the historical evolution of matrimonial regime in China, the lack of special matrimonial regime, the necessity and the feasibility of legislation in this field were surveyed closely in accordance with the legislation and juridical practice in our country. The legislation construction of this system in China’s law system of domestic relation was prospected. Thus the author concluded that special martial property system, as a relief system during the existence of marriage, is beginning to gain currency.