Matrimonial Property Regime In China

Matrimonial property regime acts as the key in the stipulation of couple relationship. It regulates the property rights between the couple, which occupies a very important place in the entire Family Law system. With reference and research on the Amendment of Matrimonial Law in 2001, this thesis analyzes the defects of the amended matrimonial property regime and proposes suggestions on how to perfect the regime. The thesis is about 36,000 words long, mainly talking about some detailed problems in the practice of the regulations on matrimonial property regime and about Arthur's own suggestions on how to resolve the problems. Four parts as the followings can be seen excluding the preface and conclusion: Part One: The summarization on matrimonial property regime.This part analyzes the meaning, character and primary classification of matrimonial property regime.Part Two: The introduction of existing matrimonial property regime in China.This part is divided into two aspects. First is the development of matrimonial property regime in China. Second is the introduction of its basic modern legal principles, such as community property system, separate property system and contractual property system. The illustration on community property system concentrates on its basis, which the law relied on to define it as all the property that the couple obtains after their marriage; on the character and coverage, the couple's rights and obligations as well as the termination of/under community property system. The illustration on separate property system concentrates on its coverage and legal liability. The illustration on contractual property system concentrates on its terms, the classification on contractable property, the time of the contract and its effectiveness.Part Three: The defects and perfection of existing matrimonial property regime.This part analyzes the defects in general rules, structure and content of matrimonial property regime in China and proposes suggestions on how to perfect it as well. Arthur suggests to add more general rules, adjust legislation structure, adjust the properties gained during separation, regard the heritage as separate property, add special legal property system, avoid conflicts between community and separate property, ensure the fruits of property obtained before marriage to be the separate one, limit rights to deal with some special separate property, add the wage community property to the contractable property system and fetch in contractual property registration system.Part Four: The detailed problems in practice and its countermeasures.This part enumerates some detailed problems occurred during more than 3 years practice after the amendment of matrimonial property regime. Arthur analyzes his own opinion to resolve the problems. The problems are as followings: how to judge the adscription of seniority pay for the laid-off workers and the adscription of prize gained by either party of the couple; whether the special necessity of one party bought by the other party should be entirely regarded as the separate property; whether parents' payment to buy a house for their children to be married or been married can be regarded as the donation; whether the house bought by the parents for the marriage of the couple but registered in the name of the young can be regarded as the donation; whether the heirship can be abstained by only one party of the couple; how to deal with the accession of the separate property of one party; how to judge the property right if one party buy the house on mortgage before marriage but both parties repay the loan; whether the contract is valid in which all the property goes to one party after marriage; whether the proportion of share registered in the Administrative Bureau of Industry and Commerce can be regarded as the agreement of contractual property; whether the guardian of the person with qualified civil capacity can enter into the contract of matrimonial property between the couple; whether the judger should take it into account tha...