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Research of Several Legal Issues under Community Property Regime

Author: SunXiaoMin
Tutor: FuZuo
School: Jilin University
Course: Legal
Keywords: Matrimonial property regime Income Option Inherit
CLC: D923.9
Type: Master's thesis
Year: 2011
Downloads: 158
Quote: 0
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Abstract

Civil marriage is the legal system, legal system, the more important part, along with the continuous development of social economy, China's legal system is gradually improving marriage, but there are still many problems, especially in our legal system provides for marriage matrimonial property regime In this regime, with other legal systems inevitably exists between the more or less conflict, including marriage law a party to personal property investment gains for the matrimonial requirements to party on behalf of shareholder equity executive and shareholder rights are exercised flaws, pension provisions for the matrimonial property when the question how to operate in practice, as well as the duration of the marriage relationship between a husband and wife from the property Fang Jicheng, etc., there are some other civil and commercial conflicts. This paper analyzes China's current marital property regime, then four chapters are discussed in personal property investment gains, limited liability company under the personal equity issues, both men and women pension issues and a Fang Jicheng problem. For personal property investment gains issue, the law of marriage during the existence of the gains for the total, in practice, how to determine which as an investment, which is the return on investment achieved time requirements, etc., the law on the provision of personal property investment Total gains for the same time, it does not require shared loss, contrary to the principle of equal rights and obligations. Shareholding in the name for the party, including the specific operation is performed, the existing courts generally do not notice the other spouse, but simply in accordance with the provisions of the Companies Act, the name of the exercise for one problem, the Companies Act does not stipulate spouse right in the Company Registration Regulations are also not required, so that the exercise of shareholder rights either husband or wife according to the provisions of the Companies Act, does not need to seek the consent of one of the spouses, corporate and commercial administrative departments also need to seek prior spouse opinions, thereby causing damage to the interests of one of the spouses have occurred. In the pension insurance, the law is actually obtained or shall obtain a pension, where the pension is not equivalent to pay pension insurance costs, for people who have reached retirement age, this is relatively easy to calculate and division, however, not yet reached the retirement age for people who calculate the amount of future pension payments is complicated, the workload is relatively large and, in the future, whether the person is able to receive pension is still unknown, therefore, the legal In practice, this provision does not have the full operability, the Court's approach is generally based on individual accounts in the amount to be split, but this inconsistent with the provisions of the law. Fang Jicheng third person in the couple a legacy issue, because marriage law inheritance provisions for the common property inheritance and marriage lead to someone using the other provisions of malicious escape inheritance, so this is the legacy of matrimonial property name becomes a party the detriment of the other spouse benefits. In order to solve the conflict between the above-mentioned law, the rational allocation of social resources, to properly resolve couples with marital and property disputes between a third person, I believe that, while retaining the Marital Property System in the cancellation of matrimonial property regime will be addressed these issues, so that the community property system clearer, and the implementation of the divorce such cases easier and faster, lower social costs, reduce the risk of litigation and litigation pressures.

Research of Several Legal Issues under Community Property Regime

Abstract

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