Study Of Matrimonial Property Regimes

This article introduces marital property system from its content, type, legislation in different countries and historical evolution. Meanwhile it assess the present marital property system in law of marriage of our country, points out its drawback, and make some suggestions for its perfection. This article can be divided into four parts.Part One is the basic theory of marital property system, including the concept of marital property system, legislation significance, content and type. Marital property system can standardize marital property relationship, help family life to function well, and is the important symbol to measure whether husband and wife can have equal status, restrict the safety of civil transaction, and is the important content of Civil Code relative arranges. marital property system can be divided into two types, one is legal, the other is agreed. Legal marital property system can be divided into usual legal marital property system and special legal marital property system. Agreed property system can be divided into opening type and enclosed type.Part Two is about the comparison of marital property system in different countries , focusing on legislation evolution of marital property system in France, Germany, Japan, Switzerland and Russia. According to these aspects, we can see the difference and similarity of marital property system in different countries. Most countries in the world adopt legislation pattern including legal property system and agreement property system. In mainland legal system, some countries adopt usual legal property system, such as France and Italy. But has some countries and the area in addition picks the distinction property system and the joint property system the compromised legal property system, like Germany picks surplus makes the obtained assignment property system together which, Swiss ; Has other country like Japan to pick the distinction property system in addition for the usual legal property system. England picks the distinction property system for the legal property system.The third part "our country husbands and wives property system content", has made the introduction regarding the our country husbands and wives property system present stipulation. Our country is founded from new China until now, involves the husbands and wives property system big legislation mainly to have three times, namely 1950 "Marriage law", 1980 "Marriage law" and in 2001 to "Marriage law" the revision, our country husbands and wives property system gradually consummates. Present "Marriage law" appears 17th in two judicial interpretations correlation stipulation which to 19th as well as the Supreme People's Court, constituted our country husbands and wives property system. Our country husbands and wives property system picks the legal property system and the agreement property system coexists, the agreement property system first legislation pattern, the legal property system obtained makes together after the marriage.The fourth part "consummates our country husbands and wives property system the ponder", The author suggested reconstructs our country the husbands and wives property system structure, increases the unusual legal property system the stipulation; Under the legal property system, adjusts regarding the husbands and wives joint property and individual unique property stipulation, the perfect husbands and wives to joint property each right, undertake to the debt as well as to the family life expense burden question stipulation; Under the agreement property system, regarding the property agreement condition, the potency, male shows the procedure as well as under each kind of property system form the husbands and wives right voluntarily detailed Canada stipulation.