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

On the statutory matrimonial property system in China

Author LiuFangQin
Tutor TianZuo
School China University of Political Science
Course Civil and Commercial Law
Keywords Statutory matrimonial property system Marriage proceeds of the common system Unique personal property system Very statutory matrimonial property system
CLC D923.9
Type Master's thesis
Year 2007
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Matrimonial property system, broadly speaking, is the ownership of marital property of the husband and wife and the marriage proceeds and property, management, use, income, disposition, and the repayment of debt, dissolution of marriage, the legal system of the liquidation of the property. Matrimonial property system according to their legislation, including the statutory matrimonial property system and the agreed matrimonial property system. This article will focus on the statutory matrimonial property system. The so-called statutory matrimonial property system is directly applicable to matrimonial property regimes that deal with the reality of marital property relations in accordance with the law. Due to the economic, political, cultural and historical tradition, a variety of factors, the statutory matrimonial property regimes are not the same statutory matrimonial property system of the same country in different historical periods are not the same, a country on the provisions of the statutory matrimonial property regimes also directly reflect the value orientation of a country's marriage legislation. Of the \content requirements unreasonable. This paper will use the research methods of historical and comparative jurisprudence, summed up the reality of our statutory matrimonial property regimes law of development and values, combined with our inspection of the historical development of the statutory matrimonial property system, and more to learn from his country's legislation, to identify our inadequacies of the existing statutory matrimonial property system, and on this basis, the perfect idea. The full text structure is organized as follows: The first part provides an overview of the statutory matrimonial property regimes. I will in this part of the concept of the statutory matrimonial property system, the nature and characteristics, as well as foreign legislation applicable to be an overview of the History of the statutory matrimonial property system to be investigated and summarized the development of the statutory matrimonial property system of laws and legislative pursuit of value. The second part will describe the specific content of the current statutory matrimonial property regimes and their comments, analysis of the progress of the current statutory matrimonial property regimes and still drawbacks, including the lack of the very statutory matrimonial property regimes, jointly owned property and individual-specific division of property and the couple enjoy the rights of the common property. The third part is the idea of ??specific legislation by the author on improving our statutory matrimonial property system, including the addition of the very statutory matrimonial property regimes, as well as suggestions for improvement of the existing unreasonable regulations.

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