Study Of Matrimonial Property Regimes

Couple's property system, which is also named marriageable property system, is a law system of regulating the relations of couple's property and an important part of marriageable property system, couple's, property system definites the legal liabilities of marriageand family of each side in marriage, which has a great sense of ensuring th e formal livings of young, old sick and malformed, of promotingthe stableness of fires ide. The research of couple's property system is paid attention by people in west early, but this theory is reseached few in china. The legislation of couple's property system i n chinaisn't advanced. This writing analyzes the shortcoming of the system in china th rough the comparative research of the theories of couple's property system in each cou ntry, and gives the advanced advices.The writing is divided into three parts.The first part is the common theory of couple's property system. The part definite the concept of the system and the significance of the system . as the whole, the part e xplains the general theory of the couple's property system.The second part is the comparative research of each country's couple's property s ystem. The part analyzes comparably the systems appeared in each country, which co ntains the unifying property system, the unifying property system is an unequal proper ty system, which is considered no value existed in modern society, the union property system has been abolished because of unfitting the modern currency. The separate pro perty system is basic of the separate subjects of the couple and shows the ideal of Equality of the couple, which is used wide spread and expanded gradually. The co mmon property system makes up the insufficiency of the separate property system, w hich ensures the benefit of one side of spouse who has on gains or a few gains becaus e of doing housework, the common property system has the current significance, whic h conforms the essential target of living together in marriage and contributes to realize the substantial significance of couple's equality, so the common property system is considered as the legal couple's property system or one of the contractual property syste ms in many countries.The last part is the system and the analysis of couple's property system of china. The part systematically introduces the legal situation and the main contents of couple' s property system of china, and indicates the success and the insufficiency. Moreover, according to the general theory of the system and legal practice outside, the part point s out the advanced advices, which makes couple's property system of china advance and science.