Dissertation > Political, legal > Legal > Chinese law > Marriage Law

On the Husbands and Wives’ Appointed Property System

Author LiGuoPei
Tutor ChenWei
School Southwest University of Political Science
Course Law
Keywords Marital Property System Constitutive Requirements Foreignfiction Law Comparison Legislative Suggestions
CLC D923.9
Type Master's thesis
Year 2011
Downloads 276
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Matrimonial relationship is an important part of marriage and family relations, standardized the legal system of property relations of husband and wife are the legal matrimonial property system and Husbands and Wives’ Appointed Property System.The revised Marriage Law of 2001 on the matrimonial property system was a further provision which made great progress, which clearly defines the way of Marital Property.Marital Property System’main legal ground is the revised China’s "Marriage" the provisions of Article XIX, which is in 1980, "Marriage Law" on the basis of Article XIII to modify and improve the results.New "Marriage" fully respect the autonomy of both husband and wife, which agreed to give the parties the right to freedom of property. However, there are also some defects in the award-winning new law.This paper introduces foreignfiction related legislation briefly and then make a corresponding comparative study, seeking to put some progressive views which are beneficial to improve China’s Appointed Property System legislation to do my bit modest.Addition to Introduction and Conclusion,this paper includes four parts:The first part, Through the typical cases of introduction, ask questions, This paper introduces typical cases of property disputes between husband and wife briefly it also can be applied to most of Marital Property System on the provisions of the dispute. The truth of the dispute is content of Marital Appointed Property, the appointed time,agreed constitutuve requirements etc.are whether legal,effective or not.The second part summarizes the basic theory of Appointed Property System.This part mainly illustrates constitutive requirements of Marital Appointed Property System, analyses the concrete contents of the substantial requirements and formal requirements of Appointed Property System. And it mainly illustrates theoretical basis.The third part, investigate and analyse to Foreignfiction Appointed Property System. This part mainly descripes France, Germany, Switzerland, Russia, Macao and Taiwan regions of Marital Property System.and finally to do a comparative study and analysis to Foreignfiction Appointed Property System.The fourth part,the shortcomings and improvement of Marital Property System in China. This section puts forward a sound system of Marital Property legislative proposals, on the basis of pointing out the shortcomings in Marital Property System in China and learning from the experience of major national and regional legislation.This part is the key part.

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