Study On Security In Transaction In The Matrimonial Regime

The matrimonial regime also calling the couple's regime, means to make sure how to establish, change or abolish the matrimonial regimes in the world, the ownership of the property before getting married or after marriage, the management, consumption, income, punishment of the matrimonial property and the burden of the family expenditure, husband and wife's responsibility to pay off the couple's obligation, and how to account and divide up the property of the couples when the marriage terminates. There are five types on matrimonial regimes in the world according to the contents of the matrimonial regimes. They are the communion property system, the separation property system, the remnant communion property system, the union property system and the unification property system. According to legislative form of the matrimonial regime, it also can be divided into the spouse's legislative property system and the spouse's contractual property system. According to the different status and the management to the family, there are the united matrimonial regime, the separate matrimonial regime and the matrimonial regime before marriage etc.Security in transaction is the important concept in the civil law, it tends to the dynamic security contrast to the static security, in the other word, means to protect the party's actions of gaining new interest in the trade, not making it invalid, this is so called security. In the thesis, it mainly means the security in the transaction with the couples and concerning the matrimonial regime. Security in transaction has its values as an important lawful concept. We can find many rules to protect the security in the transaction, such as the system of protecting the third party acting in good faith, the system of the property publication, the ostensible agency system, the system of cancellation right of the creditor etc. Security in transaction in the civil law has looked highly upon, which represents the change of the civil law from"static right to dynamic right", the change of the value from protecting the private right to the social right, the request of the development of the economic. We should pay attention to and carry out it into the material law.