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Attempt To Expound The Marital Property System

Posted on:2006-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:J P SunFull Text:PDF
GTID:2166360152481156Subject:Law
Abstract/Summary:PDF Full Text Request
The marital property system is the law system that regulates the marital property relationship. The system refers to the law rules on the attribution, management, use, income and disposition on prenuptial property and postnuptial property and the liquidate foundation on retirement of debt and dissolution of the marriage. The marital property system is the great component of the marriage and family system, and its character and nature are determined by the social production relationship and related to the spouse's personal right. From the view of regulation on the marital relationship, the marital property system belongs to the paternity law. But from the regulation on the property relationship, the marital property system has the nature of property law. The marital property system related to the contract safe directly, and involved in the social economy inseparably. So, every state and region takes the marital property system serious commonly. With the rapid development of the social economy, the citizen's private property is increasing day by day, and more and more social wealth are grasped by citizen. The proportion of the marital property to the social wealth is improving increasingly. The development and success of the socialism market economy is restricted by the marital property system to a certain extent. So, despite of citizen and family's interest or the state's interest, we should pay attention to the study and apply to the marital property system, and construct the marital property system adapted to the development of society. Which kind of marital property system a state should adopt to is firstly decided by its social production relations. So in the condition of different kinds of social systems, the marital property system has different nature. At the same time, the marital property system should be affected by legislation tradition, customs and other thinking and culture factors. Therefore, thought the social system is same, the marital property will be different greatly. The each advancement reflects the...
Keywords/Search Tags:The marital property system, The community property system, The scission property system, The contractual property system
PDF Full Text Request
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