Statutory Matrimonial Property System Of Personal Property Study

With the development of economy and society, matrimonial property dispute is increasing in either amount or variety. Stipulation about marital joint property is not fit with social development any more. Therefore, in the amendment of Marital Law, personal property was introduced in our legal system. However, the content, scope and management is not sure and has some flaws. Combined our legislature and judicial practice with relevant laws on personal property in other countries, this thesis analyses definition of personal property, scope of debt and undertaking rules, discuss several disputable issues, with research on right enforcement, complementary matrimonial claim, based on which the author present her suggestion on how to better matrimonial personal property system.Besides preface, this thesis is divided into four chapters.Chapter one is on how important is personal property in our existing legal matrimonial property system. It first analyses classification and character of matrimonial property system, combined with its legislature, and then make comment on our existing matrimonial property system. Chinese existing Marital Law assures that spouses have personal property, which is big process and have unprecedented significance.Chapter two involves legal matrimonial personal property and relevant cases. It introduces legal stipulation in France, Germany, Swiss, Russia and US, define their content and scope on matrimonial personal property, enforcement and limitation of matrimonial personal property. This chapter has also made presentation about scope of matrimonial personal debt and undertaking rules.Chapter Three makes analysis on our existing legislature and judicial practices on the topic. It presents several items to define matrimonial personal property in Chinese Marital Law. Simple as it is, it has aroused disputes in justice. Therefore, this thesis speaks its understanding on how to apply this article, and then demonstrate several focused disputes. Finally, the author introduced our judicial practices.Chapter Four is reconsideration about legislature of legal matrimonial personal property. The content of this thesis is: On scope of matrimonial personal property perfection, the author believes our legal system shall add general character of matrimonial personal property, detail scope of matrimonial personal property and crystallize scope of matrimonial personal debt. On enforcement of right and obligation undertaking, the author believes that it shall add complementary matrimonial claim in our legal system. On matrimonial personal property management, it shall involve registration of matrimonial personal property and property list management. On some issues about personal property and personal debt, the author believes that it shall involve special property system, which classifies the proceeds and debt during limited divorce into personal property and debt.