Couple Of Property Implicit Common Problems

Marital Property System is a legal system about the reversion, regulation, application, dispose of the couple's property. It is an important content of legal relationship of marriage and family, and specified in many countries' civil law. In our country, with the development of the market economy, the property relationship has been complicated day by day. The newly amended Marriage Law, which laid down a few new rules concerning the couple's property, has made a big improvement as compared with the old one. In Chinese traditional concept, husband and wife are seen as a whole part even on the property aspect. As an itimate relationship, Marriage based on the love and the trust. when one of the parties who register only his or her name on the property certification sell or give the mutual property to other people, the judges always hard to balance the benefit between mutual parties and the third-party in trade. This procedure show the relationship between credibility of register, the actual rights and the values of marital machenism.The article 78 of《General principles of civil law of People's Republic Of China》and the article 88-92 of《Supreme Court 's opinion about execution of < General principles of civil law of People's Republic Of China>》is the source of property community system. But the law hasn't prescribed some principles such as mutual rights and individual rights, earning management principle etc. So it is hard to fit the market developing needs. Mutual principle of "Property Law" has set up a common principle combine the communion in parts with communion in all. But most of the principle about communion in all are very general and abstract.Generally speaking, nowadays, the Marital Property System is consistent to that of 1980's Marriage Law. This System, based on the normal relationship between husband and wife, has neglected some specific issues in marriage such as separation and one dealing with couple's property secretly. In fact, the solution of couple's property become so variable and complicated in such specific situation that the rights of one of spouses would more likely be infringed. Therefore, the injuried party strongly demand that the property need to be allotted respectively. According to the flaw of Marriage Law, most of respective demand can not be achieved and Marital infringement often happen. System's deficiency show that actual Mariage Law fail to adjust the marital relationship.In the collide between marriage and family law system and the rules about matter exchange, the contradiction in judicial is to protect the family and the family community propery system's stability or to protect the safe of dealing and decrease the cost, promote the matter's circulation. If we choose the later, sacrifice the static safe to protect the dynamic one, just because it stand for the value elements such as freedom, justice, efficiency and order, wether it is a little unfair for the dormantpartner when inclining to the the party with good faith? In this article, the penman expound the reason of the phenomena that one party dispose the property belong to both without the other one's agreement and the judicial contradiction, use the relevant law of other countries for reference, anylize from the view of Contract Law and Property Law, so as to seek the best resolution between protect the stability of family and promote the dealing, protect the third party with good will through integrating all kinds of law values, and to establish the new rules about disposion of dormant community property in our country's law system.