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On The Matrimonial Property And Transaction Security System

Posted on:2010-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:R J ZhangFull Text:PDF
GTID:2166360275453647Subject:Law
Abstract/Summary:PDF Full Text Request
Property is essential for a marriage to live together.At the same time,the socialist commodity economy is the rapid development of today,with the area of property enter the circulation,frequent property transactions are no longer excluded from the marriage and family property,one or both husband and wife's economic activities will inevitably occur with third person in law,which let us have to concern the activities of economic and security issues in civil transactions.It as a basis for adjusting the relationship between husband and wife the most important property of the legal system,not only bears on the interests of the couple's property,as well as the stability of marriage and family,but also related to various civil and marital relations in the economic interests of third parties,security of transactions is extremely significant impact.For long time,my marriage legislation focusing only on protection and the adjustment of the static property of the husband and wife but neglect of the practice of matrimonial property adjustment and less consider the relationship between the actual operations.With the socio-economic and cultural development,the security system tends to gradually establish and perfect,but there are still many provisions are too broad,about husband and wife deal with a third property-related transactions,still do not know how to specific operation,the court ruled that husband and wife and a third property-related disputes,is still a lack of clear and specific legal basis.This article attempts to from the point of view of safety for protecting the civil transactions,issue the matrimonial property system of China.It is divided into three parts of the whole,the first part of the department is to explain the concept of transaction security and matrimonial property as well as analysis of the relationship between the two at the same time, also briefly introduced China's current system of matrimonial property on the security provisions of the transaction;Second part of the system point out security shortcomings through several case on China's current system of matrimonial property,pointing out that the existing system of property between husband and wife is still not comprehensive,systematic, and the result is can not provide effective protection of the rights and interests for a third person,to the detriment of economic order of society as a whole and transaction security,it does have a necessary to well-matrimonial property regime to protect the safety of transactions;the third part give some specific recommendations for security protection in our existing system in transaction according a number of deficiencies in.
Keywords/Search Tags:Transaction security, Matrimonial property, The third party
PDF Full Text Request
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