Divisibility Of Academic Certificate And Professional License At Divorce

Academic certificate and professional license which is an evidence of one's knowledge and skill stand for work achievement and earning capacity of license owner in the future. In other words, academic certificate and professional license represent great economical value. After one spouse supported the other spouse to achieve license, the professional spouse enhanced the earning capacity with the other's support, while the supporting spouse can't attain any benefits of the license at divorce. As more and more family invest in human capital, how to balance the interests between the couple at divorce deserve to address.This thesis analyses the nature of academic certificate and professional license and the nature of the marriage, and address how to deal with the academic certificate and professional license at divorce. There are three parts, in this thesis, including the preface, the text and the conclusion. There are four chapters in the text...In chapterâ… , I have a view that academic certificate and professional license are property. An asset which has economical value and exterior appearance is property, including tangible and intangible property. Academic certificate and professional license are evidences of knowledge stand for future earnings and has economical value, so they fall within property.In chapterâ…¡, I have a view that academic certificate and professional license obtained during marriage should be treated as marital property. Marriage is contract which means that supporting spouse has expected benefits of the license. In order to balance the interest between the couple at divorce and enhance the efficiency of the distribution of resources in the whole society, the license should be treated as marital property.In chapterâ…¢, I explored how to assess and divide the human capital technically. The benefits of human capital are produced in the future, and human capital value is uncertainty, but our country has theory and practical experience to assess the value of the human capital. This thesis adopts merger doctrine to divide the licenses.