Study Of Matrimonial Property Regimes

Matrimonial property regime is called the marriage system again, which is the law system prescribing matrimonial property relation. Matrimonial property regime, which qua the law system regulating the property relation of husband and wife, is law guarantee of family normally revolving and realization of function, and the social stability and development. But, the regulation of our country lawmaking about matrimonial property regime is not maturity all along. Although the 2001 Marriage Law that newly survey and reform Chinese modern matrimonial regime, there is a lot of deficiency in Chinese matrimonial regime. Theoretically and practically still exists many problems which need to solute, still needing further perfect. According to this purpose, this paper exert the method of theory combining fact and analyzing with comparing, via comparing and studying modern various lawmaking and analyzing the blemish of current matrimonial property regime lawmaking, put forward the lawmaking speculation to perfect the matrimonial property regime of our country, to provide to consult. The whole paper is roughly 47000 words, except foreword and tag, is divided into the four segments:The first part: The Basic Theories of the matrimonial property regime. This part includes primarily three the contents of aspects, first, introducing the concept of the matrimonial property regime> which is the law system about the ownership, management, usage, income, disposal of the property before marriage and after marriage, and the discharge of debt, and the reckoning of property, etc.; Secondly, expatiating the contents of the matrimonial regime and the lawmaking principle; Finally, the history origin and development of the matrimonial regime.The second part: Comparing and Studying modern domestic and international various lawmaking example of the matrimonial regime. By primarily comparing the legal property system and the promissory property system etc, to find out our country domestic all law couple common characteristic and place that distinguish, property of system of land, and to some model legislative example, property of system about the couple of foreign countries, some simple introduction and crosswise compare.The third part: The current matrimonial property regime and its blemishes. Expatiatingthe current matrimonial regime of our country firstly, then point out though Marriage Law of our country through modification, among them concerning matrimonial property regime had very big progress and development, its provision is still rougher, the construction and contents are both not perfect, still exist many leaks.Part four: Perfect of Current Matrimonial property Regime and its outlook. Aiming at the concrete analysis to many defects of current matrimonial property regime in the third part, to put forward the homologous suggestion of lawmaking to improve and perfect it, and precede the outlook to the future trend of the matrimonial property regime of our country.