A Study On Marital Property Relations During Separation

The separation system was from the Roman period "of 12 copper table". By the Middle Ages in Europe, the prevailing law at the temple, especially its secular matters of marriage and family life interventions, with the spread of doctrine, make the separation which Temple Law adopted be established and widely applicable. With modern principles of freedom of marriage, divorce in particular the principle of freedom of Absurdity. Religious reform movement in the marriage Hansu the development of Roman law and Roman law in the rejuvenation of marriage and family legislative principles, rules and legislative technology increasingly careful to capitalism marriage and family legislation provides a practical and legal reference, making bourgeois jurists who has given the separation system to the new legal meaning. China since ancient times pursue licensing divorce, and in feudal times fault divorce is the implementation of the principle that "7" and "three do not." After the founding of the divorce system in the application of the principle of no-fault, that is, the feelings of husband and wife have indeed broken the standards for granting a divorce, 1950 and 1980 two of the Marriage Law did not provide for the separation, except the Supreme People's Court "on the People's Court found the couple a divorce case how emotional it has broken a number of specific views,"in 1989 and Article 32 of the Marriage Law amendments to Article 4, paragraph 3 states. the fact that the separation, separation during the exercise of the right spouse, child custody and marital property issues such as the relevant provisions have not yet developed and accordingly Perfect. In particular, the separation system is the property of the husband and wife relationship established, it involves the separation of children during the custody issue, the recognition of parental authority, the issue of guardianship, adoption and artificial reproductive problems their children, both parents of maintenance problems, the spouses of dependency And the right to inheritance rights and other issues, which deal with the good and is conducive to promoting China's marriage and family system of democratization.This thesis consists of introduction and three parts. The introduction rising the importance of study on the separation of property between husband and wife .The first part is to research the separation of property between husband and wife during the need for elaborate and realistic basis. The first part of the separation system of the origins and development on this basis, China's research on the separation of property between husband and wife during the necessity, and separation from our study couples during the property relations and the reality of conditions at this stage The relationship between husband and wife property of the unique position of our country is the method of handling the problem analysis that China's current practice is not conducive to the realization of equality between men and women, is not conducive to the protection of the interests of the parties.The second part is for some countries on the separation of property between husband and wife during a typical legal provisions and a comparative analysis of typical practice. Through analysis of the relevant provisions of countries, can be found in countries on the basis of their own national conditions and characteristics have made the provisions of this law with the separation and divorce on the relationship, however, have the characteristics of the separation period Marital property relations in the provisions, but also found that some of the same places, that is, the issues involved in very much the same, basic involved, including matrimonial property system changes, the mutual dependency between husband and wife relationship, the child's upbringing, the separation during the couple's debt Commitment, and so on. Through comparative analysis, I believe that, in view of the legislation, should learn from advanced countries on the basis of theory, combining the characteristics of our country, in dealing with the separation of property between husband and wife during the question and follow a road of their own.The third part will examine in detail the separation of property between husband and wife during the principles of sound and a number of issues. "Marriage Law" Although the scope of the Civil Code, Civil Code applicable to some of the basic principles, but because of marriage and family members have a certain status, some of the principles of civil law does not apply, such as the principle of equivalence paid, some marriage and family property in the Civil Law Can not be involved, there is a need for the separation of property between husband and wife made during the general principles of analysis. Analysis of the general principles on the basis of this paper is also associated with a number of specific property relations carried out a detailed study with a view to enable China to the separation of property between husband and wife during the treatment can be more rationally and effectively, thus realizing the parties The protection of the interests of the real.A good deal with these issues is conducive to promoting China's marriage and family system of democratization, the rule of law process, conducive to the realization of China's principle of freedom of marriage under the Marriage Law is conducive to improving China's development of the framework of the Civil Code, is conducive to China's Marriage and Family Law and the world's most advanced legal system of marriage and family merged the settlement of international private law regulating marriage and family in the conflict, to solve the Taiwan Regional Council and the mainland of marriage and family law marriage and family conflicts, divorce is conducive to the peaceful settlement of disputes is conducive to the protection of marriage The legitimate rights and interests of the parties is conducive to the protection of the legitimate rights and interests of a third person. The separation system of property relations between husband and wife in the establishment of China's marriage and family legislation to the legislation of the world's advanced into the symbol of China's divorce is a sign system to civilization.