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Study On The Identification Of Ownership And Division Of Matrimonial Joint Housing On Divorce

Posted on:2009-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z LinFull Text:PDF
GTID:2166360272989678Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the divorce cases, housing is often the focus of controversies of the division of property for both parties to marriage. With the development of the economy, Chinese traditional thoughts of marriage and family have changed very much and the divorce rate goes up rapidly. Housing is the most important asset of matrimonial property. As many forms of housing and complex property rights, housing is the key issue that disputed between the divorcing couples. So how to divide matrimonial joint housing reasonable is a core question in divorce case. At present there are some difficult controversial issues on the identification of ownership and division of matrimonial joint housing on divorce. But the relevant rules of our marriage law and judicial explanation tend to be abstract. So some suggestions to perfect the rules of the identification of ownership and division of matrimonial joint housing on divorce have been presented in this thesis. To discuss these controversial issues is of great significance.This thesis is divided into three chapters altogether:Chapter One: The identification of ownership of matrimonial joint housing on divorce. In this chapter, the article defines the concept and characteristics of matrimonial joint housing, then concludes some controversial issues on the identification of ownership of matrimonial joint housing in practice.Chapter Two: The division of matrimonial joint housing on divorce. In this chapter, it introduces generals of the division of matrimonial joint housing, including the principles and methods of the division of matrimonial joint housing and legal sanctions of hindering division of matrimonial joint housing on divorce. Finally it summed up some controversial issues on the division of matrimonial joint housing in judicial practice.Chapter Three: The suggestions to perfect the rules of the identification of ownership and division of matrimonial joint housing on divorce. This part focuses on the limitations of legislation and puts forward the suggestions to perfect the legislation. The thesis indicates that specific principles of the division of matrimonial joint housing should be established, the factors of the division of matrimonial joint housing should be added and so on.
Keywords/Search Tags:Housing, Matrimony, Division
PDF Full Text Request
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