Research On Marital Property System

Marital property relationship is basic in marriage and family legal relationship.Marital property system is the legal system defining property relationship between spouses and it is an important component in national marriage and family law.This paper introduces the concept,characteristics and classification of marital property system.The author by comparative method of study makes research on different legislation of marital property systems among China and some countries which belong to the Continental Law System or the Common Law System.After pointing out the defects in the marital property system of China,the author expresses suggestions on how to perfect it.The whole paper is classified into three parts except for preface and concluding remarks.Part One:Summary on marital property system.The author introduces the concept,characteristics and classification of marital property system.The marital property system which also can be called marriage property system is the legal system which prescribes the allotting,managing,profiting,using of property obtained before and after marriage,external property duty and division of property at the end of marriage.As the whole,the part explains the basic theory of the marital property system.Part Two:Comparative study on marital property systems of China and foreign countries.First,the author introduces the development of marital property system in modern China and its basic modern legal principles including community property system,contractual property system and separate property system. Secondly the author introduces legislation of marital property system in France and Germany which belong to the Continental Law System and in England and America which belong to the Common Law System.Followed by comparison,the author concludes the difference and the same,then,proposes the conceiving for legislation of marital property system in our country.Part Three:The perfection of Chinese marital property system.This part analyzes the defects in structure,legal property system and contractual property system in China and proposes suggestions on how to perfect it as well.The author suggests rebuilding legislation structure of marital property system in our country, adding more general rules,and establishing unusual legal property system.Under legal property system,prescribe the properties' ascription gained during separation, prescribe the possession of property being inherited or presented by husband or wife,prescribe the possession of intellectual property rights,establish the transforming and compensating system for the intangible property,prescribe property rights and duties of couple wholly,expand the reasons for termination of legal property system,prescribe the possession of fruits of separate property explicitly.In contractual property system,identify the important condition for establishment,prescribe the contractual time and the time to go into effect,the process of public notice,the alteration and cancellation of contract explicitly, increase the types of contractual property system,permit to contract debt or some right of marital property.