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On the Statutory Matrimonial Property Regime

Author: SunJian
Tutor: FangXinJun
School: Suzhou University
Course: Legal
Keywords: The statutory matrimonial property regime Marital debt Very property system Perfect
CLC: D923.9
Type: Master's thesis
Year: 2009
Downloads: 113
Quote: 0
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Abstract


The statutory matrimonial property system, an important part of marital property system, is an essential component of the current "Marriage Law". Based on the "Marriage Law" in 1980, China’s current marriage law has made important changes and improvement to the matrimonial property system, and has especially produced a necessary complement for the statutory matrimonial property. However, compared to the world’s advanced marriage legislation, the statutory matrimonial property system still has many imperfections, which has caused a lot of confusion and problems .In this paper, firstly, questions are raised in two cases. Secondly, I give a a detailed discription about the origin and development of the statutory matrimonial property system, as well as the contents of the statutory matrimonial property system. Thirdly, I make an analysis of the advantages and disadvantages, as well as the development of the statutory matrimonial property system in Chinese history. Finally, having taken into account China’s traditional culture and customs, I put forward a sound plan on statutory matrimonial property by comparing the foreign legislation with China’s. In adition, cases of statutory matrimonial property legislation are given at the conclusion of the paper so as to enable the statutory matrimonial property regime of the legislation not only more in line with the modern society, but also reflect the gender equality, a fair and reasonable principles.

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