Australian Matrimonial Property System Research

Marital relation is the combination of identical relation and property relation. The property relation is the basic that the marriage and family can last and development. As the legal basic of normalizing marital property relation, marital property system belongs to property law and also has the characters of personal status law. The marital property system, which is at the cross of property law and personal status law, is related to the equality of the spouse and the harmonious of the marital family and also related to the interest of the third party in modern times. Up to present, the study of scholars on marital property system of Australia, England, France, German and Switzerland is much embedded. The study of scholars in China on the marital property system is lip-deep. Australia has achieved much progress in various areas including law system. To the marital property system, Australia has some special and practical rules. This article systemically summarized the spouse property system of Australia from plenty of judicial precedents, the explaining spouse property system in various types of reports, the history origin, legal origin, legislation principle, primary content and legislation comment. It also discussed the problems in China's present marital property system compared with that of Australia and put forward the legislation suggestion of perfecting China's spouse property system.This article has four parts except the foreword and epilogue and has about 40,000 words. The main issues this article discusses are:The first part summarizes Australian marital property system. This part summarizes the basic status of Australian marital property system form the aspects of history, law origin and the background of modern marital property system. From the Aboriginal period to England's colony period and to commonwealth period, the rules to marital property relation developed from lip-deep to systemic, from simple discretion to completely following the UK's system and to the legal system adapting the situation of the country. The history is a gradual and perfecting procedure. Because of its history, Australian lay system bases on the UK's system and also combines with situation of itself. As to...