Study Of Statutory Matrimonial Property System

When spouses have not reached an agreement on property relations pre-marriage and post-marriage, or their property agreement is invalid, statutory matrimonial property system should apply to matrimonial property regimes of course. It's necessary to set up statutory matrimonial property system, because the majority of the world's countries or regions is relatively weak of awareness about the marriage contract with the property affected by the traditional impact. Statutory matrimonial property system as the legal basis is benefit to deal with marital property relation clearly. Matrimonial property system has special characteristic and differs from other property relation, which has the support functions in family economic functions and to achieve the marital purpose.Part One: The Concepts, the meaning and legislative evolution of statutory matrimonial property system. Through inspection of the legislative evolution, it can be drawn that matrimonial property system experienced unequal to formal equality, and then from formal equality to equality essentially.Part Two: A comparative study on statutory matrimonial property system of foreign statutory legislation. After discussing the similarities and differences of matrimonial property system, the author puts forward her ideas and main reasons.Part three: The status of legislation about matrimonial property system in China. In the revised Marriage Law, statutory matrimonial property system continues after the 1980 Marriage Law adopted the common system and individually owned property system added to compensate for the lack of a common property system. But statutory matrimonial property system need further improvement because of the deficiencies in inherent structure and institutional.Part four: The improvement of matrimonial property system in China. Based on the three parts above, the author expresses her suggestion to prefect matrimonial property system. These involve structure of legislative, general rules and statutory matrimonial property system. And in every part, the author discussed relative questions involved about theories and practices in detail.