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Compare And Analyze The Matrimonial Property System In The Greater China Region

Posted on:2008-11-29Degree:MasterType:Thesis
Country:ChinaCandidate:B WuFull Text:PDF
GTID:2166360215495855Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Matrimonial Property System, which is also named the Marriage Property System, is a legal system that governs the properties of a married couple. A complete matrimonial property system is the material guarantee of the normal functioning of a conjugal family, and the basis for solution to problems. Therefore, it is regarded highly in the marriage and family laws of many countries all around the world.In recent years, as communication and activities among peoples in the Greater China Region increase, legal problems arise frequently in matters such as marriage, inheritance, estates, deeds, intellectual property, investment dispute, criminal offence, etc. Especially as inter-marriage within the region continually rises, problems related to marriage and inheritance are the most common and difficult cases because of the differences in political stands, legal systems and social conventions. In view of the situation, I decided to further research the matrimonial property system in the Greater China Region.This text compares and analyzes the matrimonial property system of mainland China, Hong Kong, Macau and Taiwan. I will focus on comparing the common, basic and essential parts of the laws, in particular my views on improving and developing the matrimonial property system. This paper introduces the basic concepts of matrimonial property system, and its types and legislative principles, which are provided as foundation theories for the following discussions. The changes and history of the matrimonial property system are explored in terms of different periods and different areas, from before to after the nation's founding, as well as regions from the perspective of history, in order to explain the legislative history, legal references, content and scope, and related problems of the present matrimonial property system in Mainland China. Finally, my paper makes the conclusion and suggestions that the matrimonial property system in Mainland China could achieve perfect of legislation to protect the rights of the married couples and third parties.
Keywords/Search Tags:matrimonial property system, Marriage and Family Law, matrimonial individual property system, matrimonial contractual property system, common property system, separate property system
PDF Full Text Request
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