Marriage Property Ownership And Marriage Residence System

The essence of marriage is to maintain long-term stability of both husband and wife to live together, real estate is the most important material security. With the all over the country real estate market continues to heat up, the value of the property rising, and thus whether it is housing property rights vested in the marriage or divorce, the allocation of housing ownership, have become the hot issues of social concern. China’s Marriage Law "marital property issues only made the generality of the provisions, the provisions for real estate issues in the Supreme Court issued judicial interpretation. Especially in2011the supreme people’s court about applicable marriage law of the People’s Republic of China (3) the explanation of some issues, triggered a heated debate in society.The current judicial interpretation of the definition of housing attribution, mainly based on the relevant provisions of the "Property Law" is based on registration of property rights as the main criteria. Such a provision on the one hand to ignore the marriage relationship is characterized as a strong ethical legal relationship, not following the real estate in the marital relationship of special significance for the maintenance of the stability of the marriage relationship. At the same time, the existing laws and judicial interpretations house property belonging to the party in the marriage relationship more and more. Which is held by China’s Marriage Law "matrimonial property regime as the main principles of legislation contrary to the spirit, but also ignore the protection of the interests of the non-proprietary party. To solve the above problem, this paper intends to protect the interests of the non-equity side perspective, sort of property vested in our current marriage dispute, on the basis of the analysis in comparative law at the same time, proposed the establishment of the matrimonial home system suitable for China’s national conditions. In this paper, the structure is divided into the following sections:The first part analyzes the present marital property vested controversial causes. First pointed out that the essence of the dispute is the conflict between ethics and property rights of the marriage relationship property. Legal and judicial interpretation of the provisions overemphasis on the property of the marital estate concern, for ethical protection is not enough. Secondly ourselves to the protection of non-property rights, and that the system does not sufficiently present, China’s Marriage Law in the protection of the interests of the non-proprietary party. Finally, should establish a unified system to specifically address the protection of the interests of the non-equity side.The second part of the sort and analyze the existing marriage law and its judicial interpretation on real estate issues. First, the question of attribution of real estate compared the similarities and differences of the Marriage Act and the three judicial interpretations of the provisions of the provisions of the different periods of the sort. Followed by analysis of the characteristics of these different rules, have pointed out that the existing legal and judicial interpretation of the provisions in the content and effectiveness of contradictions and conflicts. Scattered through judicial interpretation of the provisions of this piecemeal, feet, head and treating the foot "to improve complete protection to the interests of the non-proprietary party.The third part is a comparative law analysis. Illustrates the significance of the establishment of the matrimonial home system, and the system of the matrimonial home with natural shelter system were compared. Then examines the common law and civil law countries, the provisions of the matrimonial home system. Focus on this issue of the French Civil Code and the German Civil Code provisions. Provide theoretical support for the establishment of the matrimonial home system on the basis of comparative law, and legislative experience.The fourth part is the core of this paper. On the basis of the previous text, this part is mainly the establishment of the matrimonial home system put forward ideas and proposals. First demonstrated the necessity and feasibility of the establishment of the matrimonial home system. That the status quo of China’s legislative, as the representative of France, Switzerland and other civil law countries should learn from experience, to establish a unified system of the matrimonial home. In the specific design of the system, also made a more detailed argument. Including the interface between the determination of the matrimonial home of the matrimonial home and residence requirements of China’s natural the matrimonial home system that the rights of the property rights and restrictions on the right issues, matrimonial home on non-equity interests and the interests of bona fide third parties conflict and the protection of the interests of the non-proprietary party after the divorce. In the specific design of the system, and not copy foreign legislation, but according to China’s legislative status and social actually think, put forward their owns views.