Jointly Owned Property As Defined In A Number Of Issues

Since reform and open policy, along with our country socialist market economy development, the living standards of people have been enhanced. Compared with the traditional common property, the constitution and the values of common property have been obviously transformed. The couple's property is more and more pluralistic and complicated. Along with husbands and wives property multiplication and complication ,Property division in divorce is the key issue that disputed between the divorcing couples and defining the range of common property of the couple has been the focus. Family Law (1980) was modified, Judicial Interpretation(2001) and Judicial Interpretation(2004) were put in force .But legislation is the reflection of real life ,it presented limitation all the same. For example, there isn't any general regulation on the couple's joint property, as result, it is not clear to distribute the un-listed postnuptial property and the judicial make confusions in practice. The salient feature is to argue on the belonging problems of some particular property. For example, the expectable interest of Intellectual property rights , Stock right, Human capitalThe investigate objects of the thesis are some controversial practical case and relative judicial explanation. Emphasize on several typical cases in the couple's joint property system, we look forward to light some directions to judicial practice and to do our pygmy effort to the future civil law.The author plans to link to our country reality, and mainly uses the comparison research the method, the law economic analysis method, the historical research method, The essay is composed of four Parts excluding the Fore-word and the After-word.The Chapter One: basic theory. First one is about the outline of the property system between husband and wife ,next is about the outline of the dispute of common property of the coupleThe Chapter Two : The expectable interest issue of Intellectual property rights about common property of the couple is analyzed. This part first is about introduction of the expectable interest of Intellectual property rights; Second, the common character of the expectable interest of Intellectual property rights is analyzed; At last is about the evaluation of the value and division of the expectable interest of Intellectual property rights.The Chapter Three: we discussed the stock right issue of common property of the couple. First is about the character and particularity of stock right; Thereafter, we educed the theory concerning about increasing value forwardly and passively Then is about specific methods of partition of stock right.The Chapter Four: we probe into the issue of human capital. In this part, above all, we introduced the character of the expectable right of property, the standard about the expectable right of common property of the couple and overseas correlated regulations. In the end is about partition of human capital.