On The Matrimonial Property

Men and women become the couple when they are in line with the legal conditions of the marriage. The marriage produces legal rights and obligations to men and women that the main contents include two aspects: personal relation and property relation. Because of the marriage it produces spouse status between the couple, then, it produces the personal relation of the couple. We can speak from this meaning that the marital property relation is the retinue of the personal relation of the couple. Although so, marital property relations still is the important content of the conjugal relation. The marriage property is material assurance that the marriage home life revolves normally, and it is an important symbol that measures husband and wife's position-equal or not, and it would directly be related to the security of marital property related civil transaction. As it does, the various countries all extremely takes the marital property the legislation question, our country also extremely takes the marital property the legislation question .This article begins from the basic theories of marriage property, it has made the system theoretical analysis and the practice exploration to the following question: our country dowry, contractual marital property, the legal marital property,and so on. The full text altogether divides five parts.The first part: "the basic theories of marriage property". The part includes these discussions: The content, meaning, property of marriage property, the origin and development of marriage property, the value and principle of the lawmaking of marriage property, the classification of marriage property system, etc.. These contents are theory foundation of the later several parts.The second part:"bride-price". The part includes these discussions: the concept of bride-price, the difference and relation between bride-price and related questions, the nature of bride-price, the judicial interpretation of bride-price, and so on. Mainly it has analyzed the judicial interpretation of bride-price and put forward the revision proposal.The third part: "contractual property system". The part makes the systematic analysis and evaluation on prescriptions of contractual marital property in the current laws of China and offers advice of improving the contractual property system.The fourth part: "statutory system concerning marital property". The part makes the systematic analysis.and evaluation on prescriptions of the legal marital property in the current laws of China and offers advice of improving the statutory system concerning marital property.The fifth,part: "the reform of marriage property" .The part discuss the create of fundamental rule of marriage property relation in china marriage law and the reform of marriage property of compensate claim and pay attention to building up -emergency property system in our country .