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Husbands And Wives Property System Legislative Consummation

Posted on:2009-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:T PanFull Text:PDF
GTID:2166360272971742Subject:Law
Abstract/Summary:PDF Full Text Request
Matrimonial property system is the legal system about the attributration, management, use, profit, disposition of a couple's property that they get before and after their marriage, as well as the repayment of debt and liquidation of the property when their marriage is dissolved. This system is not only an important part of marital effectiveness, but also the focus point of modern family-property-system. In Western countries, marital property system has become a relatively mature legal system, but China doesn't have a perfect legislative system concerning the content of the system. Although the 2001 revised "Marriage Law" has some progress compared with the old "Marriage Law" there are still many deficiencies. With "Property Law" being constituted, "tort law" will soon be introduced, therefore, developing China's Civil Code has been placed on our agenda. As an important part of the marital property system concerning relatives, the improvement of system's content is also of great urgency. Based on this need, this essay did some research on the legislative principles of modern marital property system, using comparative analysis, historical analysis and demonstrative analysis. On the other hand, it puts forward, after analyzing the historical development and the weaknesses of this system, the proposal of perfecting our marital property system to let our legislative organizations think about.There are about 28,000 words in this essay, with the exception of the preamble and the concluding remarks, it is divided into four parts:Part I: Overview of marital property system. This section includes two aspects. First of all, it introduces the concept of marital property and characteristics. Second, according to different standards, the martial property system will be divided into different types.Part II: Historical changes and ideal forms of the marital property system in China and foreign countries. In accordance with the course of history, marital property legislation system has experienced three stages, namely, the annexation system of the property, unified management of common property system under feudal model, respective property of civil law, and the common property system of social law. From this historical context we can see that the developing direction of marital property system, which is helpful for our future legislation.Part III: Overview and comparison between Chinese and foreign legislation of this system. Different countries have different histories, cultures, traditions, so each country has its own characteristics of marital property, which provides a basis for our comparative study. Through the compare and introduction of Chinese legislation and that of France, Germany (which belong to continental legal system), and that of British, America (which belong to British and American legal system), we find there are significant differences in legislative model, legislative content, legislative technology, and language style. From the differences of historical culture, legislative logos and different ideas of treating marriage and property, this part gives different explanations for this system.Part IV: Weaknesses and improvement of China's matrimonial property system. In connection with the system's weaknesses in structure and center : the essay puts forwards that, from the style, the matrimonial property system should be incorporated into a unified civil code and from the specific content, conventional property system and legislation of housework labors should be improved. It also mentions the scope limitation of the couple's property and the establishment of unusual matrimonial property system when the couple is separating.
Keywords/Search Tags:Matrimonial, property, legislative consummation
PDF Full Text Request
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