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On the Statutory Matrimonial Property Regime

Author: ShenWeiJun
Tutor: ShenYouLun
School: East China University of Political Science
Course: Legal
Keywords: statutory matrimonial property regime
CLC: D923.9
Type: Master's thesis
Year: 2011
Downloads: 214
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Abstract

Relationship between husband and wife relationship is one of the most fundamental family relationship. Inevitable conflicts between husband and wife, there will be differences, when irreconcilable contradiction, it may lead to divorce. Divorce between husband and wife is bound to involve a series of identities, property relations.Property relationship is the most important of these relationships relationships. How to grasp the marital property relations between husband and wife, how to properly dispose of the judiciary in cases of divorce, division of property, and will not lead to social instability, the building of a harmonious society has a very important role.With the continuous development of socio-economic conditions, people’s material living standards, the property between husband and wife are constantly increasing number and variety, from small to large personal property, shares and other revenue management control, need to make judgments between husband and wife , marital property disputes and controversies involving the number of cases is also increasing, which requires us to carefully study the system of marital property, marital property to further clarify the scope of the management and control of such property rights are to be further defined and constrained.In recent years, according to statistics released by the Supreme Court, marriage and family relations cases increased year by year. Case reflects the relative concentration of loans to buy a house before marriage, gifts between husband and wife real estate, divorce, property distribution, the common property between husband and wife with the distinction between personal property and other controversial issues.Although our ’marriage’ of matrimonial property between husband and wife agreed to give priority to the system, but a sense of the law, not the majority of marital property or personal property jointly agreed, in the event of legal disputes on the national level need to make some mandatory outside the couple husband and wife from time to time to facilitate compliance by the same provisions to ensure the relative stability of social life. Provides a legal form of ownership of matrimonial property system is widely used by the mainstream system of the world, usually in the Civil Code or a marriage in all countries have regulations. China’s legal system is reflected in the marital property, "Marriage Law" and relevant judicial interpretations.This is mainly for the legal concept of marital property ownership system, characteristics and classification analysis and discussion, through the civil law, common law marital property on behalf of the state’s legal system and the matrimonial property system of China’s evolution and our current "marriage" and its judicial interpretation About the statutory marital property regime analysis, and thus our current "marriage" legal matrimonial property system of building a harmonious society in a positive sense, the current deficiencies and future how to improve the express personal opinions, learn from other countries related to the legal system of the essence in order to promote our statutory matrimonial property system was further improved to correctly handle related cases, to reduce the instability in society, promote social harmony.

On the Statutory Matrimonial Property Regime

Abstract

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