The Research On Exceptional Marital Property System

With the increase of matrimonial property, hiding and transferring matrimonial property which cause the marital property relations be in the abnormal condition by one spouse have grown. How to effectively prevent such acts and protect the property interests of spouse and family in timely become a urgent problem to be solved in Marriage Law. On the basis of distinction between normal and abnormal marital property relations, most civil law countries and regions adjust the abnormal marital property relations by the enactment of exceptional marital property system. Present "The People's Republic of China Marriage Law" (hereinafter referred to as "Marriage Law") does not distinguish normal and abnormal marital property relations and the exceptional marital property system does not provide. After the occurrence of marital property disputes, one spouse whose property is damaged only can choose to continue to be the consequences of damage or resort to divorce. This current situation is not conducive to protecting individual property rights and maintaining family harmony and stability. The established of exceptional marital property system in our country is the consensus both in theory and practice community, and also is the object of this article.This article is discussed by three parts.Part One, summary on exceptional marital property system.By analyzing the characteristics and concept , pointed out that the direct effect of exceptional marital property system is the revocation of the original common system and the establishment of separate property system;Exceptional marital property system should covered in all abnormal marital property relations, so , exceptional marital property system and ordinary marital property system which contains legal property system and contractual property system should be in the legal status of parallel relationship; Direct legislative model can directly reflect the legal status of exceptional marital property system in the marital property system and avoid the same content to repeat the in the provisions, which is more scientific.Part Two, conduct a comprehensive description and assessment to exceptional marital property system in some of countries and regions in order to provide the legislative reference for the building of exceptional marital property system in China. The contents contain the applicable circumstances, effectiveness, failure to effectiveness, etc. In the base of comparison and evaluation of the various statutory applicable circumstances,proposed exceptional marital property system should be applicable based on a fundamental standard which is the loss of common basis of marital property; The main body for application include the couple and their legal representative or close relatives, but the standard of whether the fault caused by one spouse will determine the one or both spouses have right for application ; The fact of whether the fault caused by one spouse will determine the key role of exceptional marital property system,And thus determine the internal effective time, but external force time should be in the time when the publicity process is complete; Exceptional property system can cease to apply only in the condition when the applicable circumstances disappear and the court have ruled to fail.Part Three, on the base of combination of the relevant theory and the actual situation in China, this part give legislation thought for the construction of exceptional marital property system in China. Firstly,discussed the necessity of exceptional marital property system in China through the exposition of system value and the actual needs. Secondly, discussed the feasibility of exceptional marital property system in China by the analysis of lack of reason and present conditions; Finally, proposed that the construction of exceptional marital property system in China should adopt direct legislative model and include the corresponding content, and intended to draft legislative proposals.