Of the legal property system
|School||Southwest University of Political Science|
|Course||Civil and Commercial Law|
|Keywords||Marital property system Special matrimonial regime property Legislative concepts|
Special matrimonial regime refers to during the existence of the marital relationship, as a result of statutory subject matter, according to legal requirements or applies for a court declaration by one spouse to revoke the original agreement shall be established or community property, separate property is set to change the system. It plays a significant role in maintaining family harmony and balancing the interests between the couple and the creditors. China’s "Marriage" is only provided the legal property system, but does not provide special matrimonial system is not sufficient to deal with the reality of married life in our frequent types of new problems and new situations. This not only creates difficulties to the judicial practice, and can not effectively safeguard the interests of the parties. Therefore, further research in the special matrimonial system will be conducive to the improvement of marriage and family legislation, family harmony and harmonious society.This article based on China’s new marriage problems, new situations, introducing the very basic theory of special matrimonial system, studying the typical enactment of special matrimonial system in other countries and regions, it explains necessity to establish special matrimonial system in our country and then analyses legislation conception to establish property system in our country.In addition to the introduction and conclusion, this paper, more than 33,000 words, is divided into four parts. The first part is the special matrimonial system of the basic theory. It introduces the very meaning of the statutory property system, characteristics, and legal basis and so on .First, the concept and characteristics are described. Then explore the very nature of the special matrimonial system that is essentially one of property rights should belong to the couple’s relief system. Finally, from the protection of personal independence and transaction security, maintenance the legitimate rights and interests of women, family function angle to achieve the existence of the legal system of the legal basis of property.The second part is the special matrimonial system of extraterritorial legislation and the study of Legislation. First, introducing the relevant legislation of the France, Germany, Italy, Switzerland and Taiwan in detail, Then from the legislative model, legislative types, the application of the main, legal reasons, the effectiveness and publicity for six angles more comprehensive assessment and watch the pros and cons, whichever is the essence of the actual situation in our country improve our marriage and family legislation.The third part of the matrimonial property system of China is the necessity and feasibility of legislation. This section first describes the need for legislation, it holds that established the special matrimonial system is based on the lack of marital property system in China within the existing regulatory mechanism to consider, is to deal with complex consideration of marriage, and is marriage to the reality of the basic values consideration. Furthermore, explores in depth the special matrimonial system in China to establish the feasibility in five aspects. It contains our present theoretical community has accumulated a wealth of theoretical results, the availability of foreign resources to draw on the legislation, the survival of their existing system, coincides with the Civil Law of the historical opportunity, and the jurisprudence of the inappropriate nature of the reality . We believe that the conditions to establish the legal property in china are ripe.The fourth part is the special matrimonial system of the legislative building. In this section, five areas are discussed. It contains the special matrimonial system, mainly from the application of the case, the scope of the claimant, the applicable procedures and methods, effectiveness and common property system for the recovery. That is the special matrimonial system in China should be fully aware of the legislation of marriage status and other legal mechanisms of convergence, it is necessary to pay attention to the reality of legislation, but also focus on the technical legislation. Establish healthy institutional mechanisms to coordinate relations between marital property, maintenance of family harmony and social stability.