A Study Of Legislation On The Special Community Property

Special matrimonial regime is regulated in marital Act of many countries in the world, which signifies the perfection of matrimonial property relationship. Special matrimonial property regime is still not regulated in our marital act. law scholars don' t pay corresponding attention to this vet .With the constant impact on marriage by the development of our economy we need to perfect the regulations of matrimonial property. This treatise firstly talks about the necessity of regulating the special matrimonial property regime in China. Considering the fact that there is growing close relation between conjugal property and social transaction safety under the market economy , the author , by exploring necessity for setting up conjugal property system ,proposes some tentative plans for law enactment. Lists the act of other countries relevant to this regime builds the blueprint of our countries' special matrimonial property regime expecting to play a positive role in actual legislationSpecial community property is a kind of property opposite to general community property and is specified in family laws in many countries. Unfortunately, in China's matrimony Act,there are no special community property provisions. Since in a market economy, community property has close ties with the security of the society,it is necessary for China to establish a regulatory frame work of community property. This paper observes typical laws of three countries and raises some ideas about how to establish a special community property regime in China.The thesis is divided into four parts.The first part mainly introduces the foreign laws on Special matrimonial regime. The thesis attempts to dig out the profound cause of the differences of the legislation on marital property in all the countries in the world while having a comparative study of the legislation on the marital property in China and foreign countries,which as are important constitution the author believes,in the process of codifying the civil law,provide essential reference to the institutionalism,systemization and perfection of the marital property relationship.Part Two discuss that it is necessary for China to establish a regulatory frame work of community property. Besides, it is possible for China to establish a regulatory frame work of community property.The new Marriage Law based on the confirmation of the past legal system as to marital property which s the combination of statutory regime as to marital property and contractual regime as to marital property. Raising the status of contractual regime as to marital property, and it is a choice suitable to the development of market economy and the advancement of society. Both of statutory regime as to marital property and contractual regime as to marital property are indispensable. But the latter is more effective than the former. Based on the general present conditions of community property regime in China, we come to describe the necessity and feasibility for us to establish a regulatory frame work of community property.In practice , many controversies result from it ,which is closely associated with other systems of civil law. The current law relating to marriage has some loopholes,which results in much bewilderment. The paper takes a case for the guide to legislative relief.Part Three is based on Chapter One and Two to finally define the Special matrimonial regime and proposes some tentative plans for law enactment. lists the act of other countries relevant to this regime builds the blueprint of our countries' special matrimonial property regime expecting to play a positive role in actual legislation. The regulation on the property of husband and wife plays an important role in conjugal relation.Part four mainly describes the principle of the definition of liability.In the marriage relationship, concerned .The newly promulgated marriage and complete. In spite of that, the law needs property law makes is of the concerns of husband and wife and the party certain amendments, which makes the connubial perfect further revising. Special community property is a kind of property opposite to general community property and is specified in family laws in many countries. Unfortunately, in matrimony Act of China,there are no special community property provisions. Since in a market economy, community property has close ties with the security of the society,it is necessary for China to establish a regulatory frame work of community property. This paper observes typical laws of three countries and raises some ideas about how to establish a special community property regime in China.The author also describes the most effective and feasible way of solving the actual problems. These constitute the core content of the thesis. With the development of the market economy, special community property being not specified will take on new more appearance and manners. There will be much more questions to study.