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The System of Compensation at Divorce in Our Country

Author: LiMeiJuan
Tutor: WeiZhiXun
School: Shandong University
Course: Legal
Keywords: Divorce proceedings Real estate division mortgage housing housingreform Resettlement housing
CLC: D923.9
Type: Master's thesis
Year: 2012
Downloads: 202
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Abstract


With the deepening of reform and development, development of market economy and people’s marriage of mind, in recent years, people’s courts accepted the number of divorce cases and showed an increasing trend, which involves the division of property in divorce, a larger proportion. In divorce cases, due to the larger value of the house, so the division of marital property dispute between the two focus. Housing as marital property in a very important form of property, is an important material basis for relations between husband and wife to protect, and as in real life and property in the form of diversity unique to China’s national conditions, making the divorce proceedings in the nature of the identified property and reasonable division change too complicated. As China’s housing system nreform, real estate development, rising house prices and the continuous progress of the urbanization process, making the diverse forms of marital property, including mortgage housing, resettlement housing, housing reform and identification of property ownership segmentation is particularly complex, this article will present the characteristics of property division in divorce proceedings and problems, combined with judicial practice in the case of divorce proceedings were how mortgage housing, housing reform and resettlement housing for ownership identification and segmentation go into, and a complete property division in divorce proceedings related to our regime.This thesis is made of fou rparts expect introduction and conclusion.Chapter one:diseussion on the importance of housing for the marriage.It is especially important of parties of adivorce. It analyzes China’s current divorce proceedings on property division now and problems.Meanwhile,chapter one summarizes the property system of our country and housing type,which is the foundation fo rthe discussion below.Chapter two:discussion on our country divorce proceedings property division status and the reasons of the problems. In view of our country real estate division in divorce proceedings, The article uses from the legislative reasons, practical reason analysis to one one. Chapter thress:discussion on the foreign divorce proceedings in the legislation of property division. Anglo-American law system and continental law system countries’s legislation is primarily analysed.Chapter four:suggestion on improving related systems of the divorce proceedings on housing division.propose three--level:Firstly, solve the new situation and new problems in the housing division by under standing and application of the prineiples and values the Marriage Law.Sencondly, to put the corresponding adjustment of judicial interpretation to fill the holes and the implementation of the guidance system in case a unified scale trials.Fourthly, facing the applieation of the law conflict,we must make full use of juristical logic to determine legal hierarehy to correvtly choose the applicable law.

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CLC: > Political, legal > Legal > Chinese law > Marriage Law
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