Study On The Statutory Scope Of The Joint Property Of The Spouses

With the gradual deepening of reform and opening up and rapid development of market economy,China'S social,economic,cultural sea change is taking place,the growing complexity of property relations.Specific to the relationship between marital property,our revised 2001,"Marriage law''for the first time clearly defined the scope of jointly owned property,to a certain extent,the distinction between husband and wife jointly owned property and personal property,the regulation accommodates the demands of the times,have very positive.However,any one can not exhaust the legal aspects of real life,on the jointly owned property is still worth many of the issues to be studied.1 tried to start from the definition ofjointly owned property,comparative analvsis of the as well as other national and regional laws on the scope of the provisions of jointly owned property to draw some valuable experience for our legislation. In addition,the author also discussed some of our current judicial practice,the ownership of the disputed property in order on the Chinese Legal System marital property be helpful .Addition to the introduction and conclusion,is divided into three chaptersThe first chapter is an overview of the statutory scope of jointly owned property. First section of the chapter from the subject of rights,access time,and get it defined the three jointly owned property,clear the rights of our jointly owned property subject to"couples"tO obtain the time as"duration of marriage."get it there"legal means"and"agreed way."Section lI of our statutory scope of jointly owned property, including husband and wife in marriage during the existence of the wages and bonuses;production and business income;intellectual property rights of income; inheritance or gift from the property,but the contract will or gift owned only one identified in all except the husband or the wife;other should be owned by husband and wife jointly owncd property.The second chapter is different countries and regions the scope of matrimonial property legislation.The chapter describes some of the system tO jointly owned property for the statutory marital property system in countries and regions on the scope of the legislation jointly owned property,SO as to come for our legislators to learn from experience,as specified:to clearly define the scope of conjugal debt and the addition ofjointly owned property presumption system.The third chapter is the judicial practice of China'S special property ownership dispute This chapter focuses on three controversial judicial practice in China'S Special Property ownership issues,namely:spouse in various competitions get the bonus of ownership;one spouse during the existence of marriage,obtain the intellectual property interests of Expectation attribution;spouse degree,jointly owned property qualifications into question,SO that OUr legal system more scientific and perfect matrimonial property.