Study On Matrimonial Property Regime

Matrimonial property regime defines the property relationship between the couple. It is the legal protection for family and society and always regarded as an important part of family law in many countries. Owing to the historical, economic, cultural, traditional and other factors, matrimonial property regimes are quite different in many countries. This paper launches a comparative marital property system study in China, France, and Germany, and then compares the difference and the same. In light of China's facts and based upon the past production of the other people, the paper gives some legislative proposals to perfect matrimonial property regimes. The whole paper is roughly 35,000 words, except foreword and tag, divided into three parts:Part I: An introduction to matrimonial property regime. First, the author introduces the conception, character and the classification of matrimonial property regime. Second, the author analyses the matrimonial property values. As the whole, the part explains the general theory of the matrimonial property regime.Part II: The comparison of matrimonial property regime between China, France, and Germany. This section briefly introduces the general lawmaking situation of the matrimonial property regimes in the three countries, and then compares them. Followed by the comparison, the author concludes the difference and the same and analyses the causes. Part III: The development trend of the modern marital property lawmaking and the perfection of marital property system. Based on the former two parts, this section firstly finds out the catholicity from the different marital property regime lawmaking, and concludes the common trends of the modern marital property lawmaking, then, proposes the conceiving. Secondly, in the second part of our comparison drawn with France, Germany and the differences between property systems, in conjunction with China's specific national conditions, the article brings forward some legislative suggestions on improving and perfecting the matrimonial property regime in China.