On The Statutory Matrimonial Property System In China Under The Ownership Of Property And Debt Obligations

Marriage is the foundation of family;family is the cell of society. Harmony andstability of a marriage family affect the stability of society and prosperity of economy.Relationship between spouses includes relationship of person and relationship ofproperty. Relationship of spouses property refers to the relationship of right andobligation which lies in economic aspects. This relationship is not only theindispensable content of a spouse's common life but also the essential aspect which canfulfill economic function of a family, and it mainly refers to spouses propertyprinciples,maintenance obligations between spouses and heirdom rights of spousesproperty. Spouses property principles are the legitimate indemnification of spousescommon life, they are also the key aspect of relationship of spouses property. This paperwill discuss belongingness of property and partaking of property under Chineselegitimate spouses property principles. There are four parts in this paper below.The first part reviews the current situation of Chinese spouses property principles.Firstly it introduces the notion of spouses property principles and their types. Then itassesses the current Chinese spouses property principles objectively,and discusses thereasons of choosing the system style of legitimate spouses property principles in ourcountry. This part also indicates this paper will discuss the belongingness of propertyand partaking of property between spouses under the circumstance of legitimateproperty principles.The second part discusses the belongingness issue of spouses property under thecircumstance of legitimate property principles. It firstly analyzes the legitimate commonproperty between spouses. Then it puts emphasis on the analysis of legitimate personalproperty of spouses. Through starting analyzing their notions and specialties, this partalso analyzes special cases from their respective scopes. Lastly it discusses how tofulfill the rights to property.The third part is about partaking of liabilities between spouses under legitimatespouses property principles. Firstly it analyses legitimate common liabilities of spouses,then analyzing personal liabilities of spouses from their respective scopes by analyzingtheirs notions and specialties. Lastly it discusses how to discharge the liabilities. Thekey point is how to differentiate between common liabilities and personal liabilities.The fourth part focuses on the suggestions of belongingness issue of spousesproperty and partaking issue of liabilities between spouses under legitimate spousesproperty principles. It firstly points out the deficiency of these contents in currentmarriage law, and then it clarifies its own suggestions particularly. The suggestionsmainly include general principles and the contents of legitimate property principles.