Probe Into Some Problems Of The Couple's Joint Property System

The couple's joint property system is a legislation to rule the property relationship. The couple's joint property system influences every family and every marriage. For the influence of traditional conceptions, the legislation of the couple's joint property system is later in China than in some other countries. And the legislation is basic and extensive. Though some scholars have referred the problem in their articles or papers, generally speaking, it is still not so much study on the couple's joint property in academic field. At present, various theories and studies on family legislation are still stay on the stage of listing names of chapters and sections in the draft civil law. Though the newly marriage law and related judicial interpretation have paid an attention to the couple's joint property, there are still a lot of defects and careless omissions in it. For example, in the newly marriage law, there isn't any general regulation on the couple 's joint property, as result, it is not clear to distribute the un-listed postnuptial property and the judicial make confusions in practice. The salient feature is to argue on the belonging problems of some particular property.The investigate objects of the thesis are some controversial practical case and relative judicial explanation. Base on the families tranquilization and the protection of the property right of weak side in couple, emphasize on several typical cases in the couple's joint property system, we look forward to light some directions to...