Study On Conjugal Property System Of Our Country

Conjugal property system, also named marriageable property system, is the one to normalize the relationships of conjugal property, and an important part of marriageable system. Conjugal property system defines the legal liabilities of both sides in marriage, which has a great sense of ensuring the normal living of the young, the old, the sick and the disabled, and of promoting the stableness of family. The study on conjugal property system has called attentions in the west, while there is not enough in China. The legislation for conjugal property system in china is still deficient. This thesis analyzes the shortcoming of the system in china by the comparative research of the theories of conjugal property system in some countries, and put forward some pieces of further advices.The thesis is composed of four parts.The first part is the general theory of conjugal property system and the comparative study on different countries. At first there is some introduction of the concept, kinds, signification of the system. Then this part reviewed conjugal systems of some countries. The review manifests the diversities and the intercommunity in different countries. The compound type including respective property system and community property system has been the common character of conjugal system ofmany counties.The second part viewed the legislation development process and the value tropism of the conjugal system. And make out that the value tropism has developed according to the family, couples and concurrent benefit of the individual and the society.The third part is the evaluation of the current conjugal property system. And its deficiencies are pointed out from three aspects. The problems discussed are the followings: the whole structure which is lack of necessary layout which leads to an incomplete one;the legal property system which lacks the definition of the dynamic economic rights, indebtedness duty;the promissory property system lacks the definition of type, modality, proceed and of the alteration or abrogation of the system.The fourth part discusses how to perfect the conjugal system in China, which is the key. The main view on the whole structure is to establish the whole legislation rule and regulation in China, on legal conjugal property system is to establish unusual legal conjugal property system and development conjugal property system, on promissory is to establish rules and constitute several property systems and register system, publication, and the change and cancel of contract.