Thansformation Of Husband And Wife Property System In The Period Of China Republic

This thesis take it as main line that in the Civil Code of the period of China Republic how to treat the traditional habit, accept European legal systems and the relationship between European legal systems and the traditional habit. Based on the general introduction on the husband and wife property system, the thought ofCivil Code lawmaking concerning husband and wife property system that time and related evaluation has been discussed. It also combs norm systematically and compares norm with European legal system to find its improvement and lack. Then, this text takes husband and wife property system of China Republic ages and in Chinese tradition society into comparison to make it clear that the relatives legal system of China Republic is related to Chinese civil tradition. In order to clarify the application of husband and wife property system in Civil Code of China Republic in judicatory practice, the writer concentrates on the case analysis. The conclusion is drawn that conflict lies between legal ideal and social circumstance. Finally, the writer summarizes historical significance of husband and wife property system in Civil Code of China Republic ages.