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Research on the System of Marital Jointly Owned Property

Author: Wang
Tutor: HuYuHong
School: Suzhou University
Course: Legal
Keywords: The joint property of husband and wife The scope The NO. three Interpretation of the Marriage Law
CLC: D923.9
Type: Master's thesis
Year: 2013
Downloads: 239
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Abstract


Marital property system is known as marital property system, which is the legalsystem about the ownership of the property, management, use, income and debts beforemarriage and after marriage. The marital property system is an important legal system ofproperty between husband and wife. Currently the marital property system is classified asthe legal property and contractual property system. The legal property system introduced inthis paper is the matrimonial property system. Matrimonial property system refers to thatwhen the spouses did not stipulate the property of them, or the agreement is invalidsituation, the law about marital property system is applicable to matrimonial propertyregime and of course.With the development of our socialist market economy, the type of the joint propertyof husband and wife are becoming more diverse and complex. What property belonging tothe husband and wife, what rights husband and wife enjoy about their common propertyand how they burden obligations of debt, become problems which the marriage law mustdefine. The premise of solving these problems, is the scope the joint property of husbandand wife should be clearly identified. In addition, the limitations of law that can not end in real life common property type, I want to seek deeply that the development of commonproperty system of husband and wife and evolution process, aiming at the NO. threeInterpretation of the Marriage Law, introduce the opinions and suggestions of mine. Thispaper is divided into three parts: the first part of my paper is the common property of thecouple system. Through the comparison of the joint property system and the contractualproperty system of husband and wife, we find the advantages and disadvantages ofcommon property system,and then propose improvement opinion of mine. The second partis about the range of joint property of husband and wife, by defining the concept of"common during the existence of marriage" and "husband and wife property income", weshould be incorporated into the scope of matrimonial property which acquired during themarriage. The third part is the present situation of China’s matrimonial property system andimproving, through the study of the background and the status of implementation of theNO. three Interpretation of the Marriage Law, I propose some opinions.

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