The Conflicts And Coordination Between The Marital Property System And Property Law

The marital property system makes direct stipulations on the property of the spouse as the material basis of the family. It is the important component of Marriage Law and also indivisible with Property Law that is to adjust property relations, for its concerning property. The branch laws must be in an integral coordination so as to maintain the society in systematic order, or make it fall into a status of artificial disorder. However, the systems of spouse property in Marriage Law have much conflict with Property Law.So finding out the conflict between the two branch laws and intend to quest solutions in order to protect legal rights and benefits of the spouse and public interests of the society, can supply the gap in laws and build a healthy environment for the society and economy.In accordance with the different properties of movable property and immovable property, respectively discusses the conflict between the principles of acquiring property rights and legal marital property system and proposes to utilize yield separation to solve the conflict in acquiring movable property, to consider about the root cause in acquiring property rights of immovable property and the manpower and material resources contributed by the spouse and suggests registration authorities to formulate relevant systems on registration without neglecting to register co-owner. While meet the conflicts between property rights alteration and agreement property system, should establish systems on registration and publication on property agreed by the spouse to protect legal rights and benefits of both parties of the spouse and the third party. At last while meet the conflicts between principles of property rights protection and marital property system, should study on current situation of compensation for marriage inner civil tort, analyze the possibility and necessity of establishing compensation system on marriage inner civil tort and try to construct compensation system on marriage inner civil tort to solve conflict.