On Joint Property Of Husband And Wife

With the continuous development of social and economic life, property relations of husband and wife gradually showing a complex, pluralistic trends, to meet the needs of social development to better regulate property relations of husband and wife, the law establishes the conjugal property regime. In the country's judicial practice, Due to the principle of marital property system is more abstract, Processing there is no specific reference to the implementation of clearly defined, Makes hearing specific cases, personal property and the definition of matrimonial property and vague understanding of different, Which led to the identification facts there is too much uncertainty, to undermine one or both of the legitimate rights and interests of the parties, is not conducive to the maintenance of law and integrity of the seriousness. Therefore, the author directed at practical work arising from the common property of the husband and wife the legal awareness of the problem, From a legal point of view and systematically expounded on the common property of husband and wife, Analysis of how to define the common property of husband and wife, And to put forward some suggestions and comments improving the legislative。This article is divided into four parts. The main part of the common property between husband and wife study basic theory, analysing the common property of the concept of common property of the analysis is based on the existence of marriage. The second part is mainly derived from property jointly owned by husband and wife to the system. Overview of relevant foreign legal systems, specific analysis of the content of the common property system. The third part is the emphasis of this article, general analysis of jointly owned property to define the basis of principle, from general to specific, concrete analysis of jointly owned property in the definition of the problem. The fourth part of the current judicial practice, jointly owned property system problems and deficiencies, To solve these problems and deficiencies, make relevant legislative proposals, to study measures to further improve the system of jointly owned property.