Study Of Matrimonial Property Regimes

Couple's property system is an important legal system of marriage and family. Couple's property system is called marrital property system again, stipulates the legal system of property relation between husband and the wife , including the establishment, alteration and abatement of marital property , the ownership, management, use, handling and burden in the home life expenses of the premarried and married property. In addition, It also includes of the legal system of the payment in marital debt and liquidatement or division of marital property when the marriage is ended. The property relation of couple is based on the personal relation, which aims to ensure the couple's equal status and the happiness of marital life and to protect transaction's safety and to safeguard the social normal. The couple's property is a system to regulate the couple's property relation which is a key to determine the property relation between husband and wife.. In order to settle a dispute and maintain the social stabling, all countries regard the property relation as an important part of marital legal system and family law.The nature and characteristic of the property system are based on the social production relation at that time. A certain social process, symbolizes the different pattern of social production, at same time, the marital property system in a country is influenced by the legislative tradition, custom and cultural factor. With the social progress, the patterns of marital property system are changing continuously and have many forms such as uniform property system, united property system, common property system and special property system. The article is divided into three parts. In the first part, the writer discusses the meaning, classification, legislative doctrine and basic theories of couple's property system.In The second part, the writer compares two basic patterns of couple's property system in the main countries, namely common property system and special property system. In addition, the writer compares the ownership, property system in the three regions of HongKong, Macau and Taiwan.In the third part, the writer investigates the current marital property system inour country .First, the writer in touch briefly the basic content of the current marital property system in our country, which stipulates clearly the sphere of the couple's common property. Besides, the couple's individual property system is added and agreed property system is improved. In general, it embodies the equality between men and woman, the individual right in property, protects the week's interest and transaction safety, which is adapted the need of our society and family. Second, the writer analyses the shortage, such as lacking in stipulation of abnormal legal property system, agreed time, agreed content which affects the function of property system. In addition, the writer makes the suggestion that the current marital property system should be improved, such as, the couple's right and duty to manage marital property, intangible property, common property and individual property.