Research On Matrimonial Property Regime Between China And France

In respect of miarriage and family law, matrimonial property regime, sc conjugal property systerm, is one important system that standardizes relationship between husband and wife. Establishing marriage connection consequentially brings into the change of property relation between each other, therefore, it is necessary to set up a certain system to standardize marriage relation. Matrimonial property regime can influence the security of socail transactions, so it becomes another factor that exerts an influence on economic development. This shows that matrimonial property regime will be another important research project in marriage and family law.Up to the latter of 20th century, the generalization of matrimonial property regime connecting both to identity law and property law gradually came into view, and reseaches on different matrimonial property regimes became great significant. China and France are both statutory nations. Code Napoleon or Code Civil des Francais published in the early of 19th century has made detailed regulations on matrimonial property regime. Though it has a certain historical limitations, legislative technology was quite sophisticated. After the declaration of the founding of New China, there were three large-scale legislative activities in marriage and family law. The revised Marriage law in January 2001 has made great progess in matrimonial property regime, but there is a certain lack of , for example, establishing some important system and re-expansion and subdivision of regulations in property. This thesis will respectively introduce Chinese and French matrimonial property regime, and make comparison and differentiation between them. Hence, by studying the establishment of matrimonial property system in Code Civil des Francais, matrimonial property regime in China will be modified and improved constantly:Firstly, at the macro aspect, to make matrimonial property regime as a special chapter and set up nomothetic rules. In order to better solve technical problems of legislation, it is better to meet our country's reality, make clear of the concept principle of legislation and precisely understand the functions of matrimonial property regime. The principles of legislation of modern matrimonial property regime should include individual-based principle that takes into the interests of community, equality between men and women, freedom of contract, protection of transaction security, protection of mentally retarded and implement of essencial purpose of marriage life.secondly, in the aspect of systematic constrution, to systematize and institutionalize matrimonial property regime. Matrimonial property regime should refer to how to define the belonging, management, use, porofit, disposition and when divorce the division and settlement of one married couple's premarital property and property acquierd after marriage. Currently, matrimonial property regime in China's marriage law, is prone to the division and settlement of couple's property under divorce. In order to perfect the systematization of our countru's matrimonial property regime, it's better to design as follows: 1.set up the generalized regulation of conjugal property, and make clear of different types of conjugal property system. 2. in different types of conjugal system, set up the management, use, porofit, disposition and under divorce the division and settlement of conjugal property. 3. set up specialized regulations, in the interest of some special circumstances in conjugal propertyAnd last, in aspect of specific system design, to perfect the corresponding system setting and increase operational ability. 1. expand the scale of propert, include unpaid labor such as housework, and intangible property such as qualification, license, diploma in the scope of conjugal property. 2.introduce special property system. Under special circumstances, when statutory subject matter appears, according to law or application from one of the spouses, the court could announce the abolition of the usual conjugal property system that originally was set up by law or agreed to, and change to separate property. 3.add management system of community property. Every type of property, including conjugal property should get effective management to increase in value, take situable measures so as to counterbalance possible loss and achive the smallest loss. 4. add compension systym between private property and community property. The agreement of conjugal property is not only the distribution of property rights, but also the distrubition of debt. And 5. make definite regulations on spouses debt and discharge and so on. In the circumstances of the dissolution of conjugal common property, the discharge of debt should be put in the first place.