| "In the modern civil society gradually weakening, personal relationship, the property relations, the traditional method of growing the inherent properties relative disappeared, based on this, the gradual modern marriage and family law in legislation contents center of gravity, have or are unit from relatives status law." to tilt relative property Visible, the marital property system has become a top priority of marriage and family law system, which is not only the normal operation of the marriage and family life material guarantee, and directly or indirectly affecting social ordex and trade safety, a reasonable allocation of the marital property system in reaching its granted applicable effect, but also can promote the development of the social economic efficiency, and improve the social wealth accumulation quantity. After the founding of our legislature issued a three part, develop gradually formed the marriage law of our country's current marital property system, but in practice, the existing system in dealing with complex property relations and social development brings new problems and contradictions slightly disconcerting, when the big intentional is willing, but the flesh is weak of power. This paper stood in divorce cases of the division of property in practice base, large real estate appreciation income dispute the attribution, human capital acknowledgment and segmentation, and unprocessed heritage segmentation problem as the research object, foreign some more scientific legislation technology, meanwhile the marital property system in the current existing problems such as faults and vacuum, combining the present marriage law and property law and the legal conflict succession raises specific solution comment, in order to build the marital property system of our country, make its realization institutionalized and systematism wrbanization.The article is divided into three parts, separately from the perspective of premarital individual buys practice after the ownership of the property appreciation income of human capital, identify and segmentation, and yet when the divorce with heritage segmentation problem analysis:The first part, mainly to premarital individual buys the ownership of the property appreciation income marriage problems were analyzed;The second part of human capital, the acknowledgment and segmentation problem analysis, and introducing foreign related technical method, from the existing legal regulations in search for the reasons and solutions;The third part, still in divorce with heritage segmentation problems are analyzed. |
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