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The Developmental Trend Of Matrimonial Property Regime In China

Posted on:2013-02-25Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y J SunFull Text:PDF
GTID:1116330374957728Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Matrimonial property regime which standard ownership, use,management,benefits,dispose, debt service, division, clear of Pre-maritalproperty of husband and wife After marriage property income andestablishment, modify, termination of Matrimonial property regime is alegal system.Matrimonial property regime is the main content of the marriage andfamily law and the component part of the social property. Property is thefoundation. Matrimonial property regime relates to the status of husbandand wife in the society and the family,the confirmation of the propertyrights and obligations between husband and wife and the security of thecivil transaction. Studying the trend of development about matrimonialproperty regime is important theory and practical significance foradvocating the independent and equal personality, maintaining theharmony of the marriage and family and constructing the harmonious andstable society.The paper is divided into three parts: introduction, body, conclusion,which body part is divided into five chapters.Chapter1Evolution of the Theory Basis of Matrimonial PropertyRegime.This chapter researches the evolution of the theory basis ofmatrimonial property regime, which provides a theoretical argument forthe developmental trend of matrimonial property regime in China. As alegal system, the matrimonial property regime has a profound theoreticalfoundation. Firstly, this chapter analyzes the theoretical basis of ancientmatrimonial property regime and the type of the matrimonial propertyregime. Secondly, this chapter analyzes the theoretical basis and the type of the modern matrimonial property regime. Finally, this chapter combsthe evolutionary reason and track of the matrimonial property regime.Chapter2The Legislative Background of the Extra-territorialMatrimonial Property Regime. This chapter provides the Extra-territorialLegislative Background for demonstrating China's developmental trend ofMatrimonial Property Regime from the perspective of comparative studies.This chapter examines the legislative profile of the continental law systemand the common law system. This chapter researches the establishment,change and termination of the matrimonial property regime in China'sTaiwan, Hong Kong and the foreign country; the ownership of thematrimonial property regime; the management, the use, revenue and thesanction of the matrimonial property regime; the debt and the settle of thehusband and wife's burden; the asset and the segmentation of husband andwife's property and so on.Chapter3The Developmental Progress of the Matrimonial PropertyRegime in China. From the perspective of historical, this chapterresearches The Development of the Matrimonial Property Regime inChina and analysis evolutional process that is the matrimonial propertyregime out of nothing, from family property regime to the MatrimonialProperty Regime, which provide historical evidence for arguing thedevelopmental trend of the Matrimonial Property Regime.Chapter4Background and performance of the development trendof the Matrimonial Property Regime in China.This chapter expounds themain reason that decides the development trend of Matrimonial Propertyin China and demonstrates the development trend of Matrimonial PropertyRegime. Our country is currently in the social transitional period currentlyfrom the ancient farming civilization to commercial civilization. Theeconomic basis determines superstructure. Matrimonial property regimebases on the agricultural economy develops to matrimonial propertyregime bases on the commercial economy, which discusses the historicalinevitability of matrimonial property regime and the further developmenttrend and direction.Chapter5The perfect of matrimonial property regime under thedevelopment trend. According to the above discussion of the development trend and the valuable orientation of matrimonial property regime, thepaper explores the legislative intent of matrimonial property regime, thelegislative system of matrimonial property regime, the legislative model ofmatrimonial property regime, the legal property system and appointedproperty system, which researches the current academic main point ofmatrimonial property regime in China and learn the legislative intent andspecific system of the matrimonial property regime in China's Taiwan,Hong Kong and the foreign countryConclusion: In the background of the reform and the opening up, forChinese ancient agricultural civilization is transferring to commercialcivilization, the legislative is transferring from the legislative intent thethat family standard of matrimonial property regime to individual standardof the matrimonial property regime.
Keywords/Search Tags:Matrimonial property regime, Common-law propertyscheme, Civil-law property scheme, Individual standard, Communityproperty system, Separation of property regime
PDF Full Text Request
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