Research on Statutory Marital Property System
|School||East China University of Political Science|
|Keywords||statutory marital property system the joint‐owned property the individual specific property non‐normal legal marriage property system|
Statutory marital property system is the legal system which adjusts the property relationship between the spouses. If the spouses haven’t reached an agreement on marital property relation pre‐marriage or post‐marriage, or their property agreement is not valid, statutory marital property system should be of course applied to. Due to the influence of traditional culture, both husband and wife don’t contract in the form of an agreement of marital property in most cases, but applies to the system of statutory marital property directly. Therefore, the system of statutory marital property which has very important position in marriage and family law, is directly related to the normal operation of marriage and family life and the security of social transactions, that be focused by countries and regions in the field of marriage and family legislation. This thesis introduces the basic theory of the legal system of marital property and civil law and analyzes the provisions of statutory marital property system between the Common Law and the Civil Law, discuss the successes and disadvantages of the existing statutory marital property in our country, to make appropriate legislative proposals.This thesis is divided into four chapters, about 27,000 words.The first chapter is an overview of the statutory marital property system. It includes two parts, the first part introduces the concept and type of statutory marital property system, and then analyzes the characteristics of the statutory marital property system; the second part describes the important legislative significance of the establishment of statutory marital property system.The second chapter is about comparative study on statutory marital property system between common law and civil law. It mainly analyzes the specific provisions of statutory marital property system that be implemented in France, Germany, Britain and the United States etc., sum up the concept of legislation and legislative experience which is available for the improvement of statutory marital property system in China.The third chapter is of the legal status of statutory marital property system in China. Firstly, introduce the history of the development of legislation about the statutory marital property system in China, especially for the relevant provisions of the three“Marriage Law”since China was founded. And then comprehensively elaborate the statutory marital property system which is provided by the current Marriage Law, deeply analyzes the successes and disadvantages of the individual specific property system and the joint‐owned property system.The fourth chapter is the improvement of the statutory marital property system in China. Point out two legislative proposals: firstly, proposes to further clarify the scope of the statutory marital property, to avoid overlap in scope between the joint‐owned property and the individual specific property; and proposes the solutions and recommendations on some specific problems encountered in the judicial practice. Secondly, increases the creation of non‐normal legal marriage property system, introduces the concept and characteristics of the non‐normal legal property system, emphasis the need for the increases of non‐normal legal marriage property system, and proposes the corresponding legislative concept. Example for the applicants who apply for, and the statutory conditions, procedures and effectiveness of the application on the non‐normal legal marriage property system.