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On The Accountability Of The Matrimonial Community Debt

Posted on:2008-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:S LuoFull Text:PDF
GTID:2166360272491052Subject:Law
Abstract/Summary:PDF Full Text Request
The Matrimonial community debt system is related to both identity and property laws. Nowadays, politics,economy,culture and values in China has changed a lot, therefore the understanding of community property should be changed accordingly. As a result, the current The Matrimonial community debt system in our country has to be adjusted and perfected. Based on the advanced legislative and judicial experiences in major foreign countries and districts, this article gives a wide and deep explanation about the present legislation and limitation of the Matrimonial community debt system in China. After that, this article suggests that the Matrimonial community debt system in China should be perfected, so as to improve the legislation level of Chinese marriage law.Besides preface and conclusions, this article is made up by three chapters:Chapter 1 mainly introduces the concept and legal characters of The Matrimonial community debt, as well as the differences among the Matrimonial community debt, the Family community debt and the Matrimonial separate debt .In the part, the relationship between the Matrimonial community debt and the Matrimonial property system is also contained.Chapter 2 selects some of the most representative and controversial Matrimonial community debt system in major countries and districts, from the angle of the comparative law. After comparing the legislative and judicial practices in those countries and districts, certain commonalities and differences are found, which contains some reference advises on the improvement of the legislation of the Matrimonial community debt system in china.Chapter 3 introduces the present legislative and judicial situations of the Matrimonial community debt system in our country, points out the imperfections of the Matrimonial community debt on the Chinese existing marriage legislation. Furthermore, the advices on the improvement of the Matrimonial community debt system meeting the needs of the current reality in China, on the base of using the references of related foreign legislative experience and judicial practice, which would be benefit for the proper settlement of the dispute of the Matrimonial community debt. The Closing Remarks emphasize the necessity of improving the Matrimonial community debt system in the scope of the Matrimonial Property system as well as others to be focused on. The shortcomings of the writing are also pointed out.
Keywords/Search Tags:the Matrimonial Property System, Foreign Law Experiences, Countermeasures
PDF Full Text Request
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