The Theory Of Statutory Marital Property System In Our Country

The marital property system is an institution which constituted by the ownership, use,management, revenues and disposal of married or premarital couples’ properties. Since theapplying of reforming and opening-up policy in China, the market economy has replacedthe planning economy gradually and the main parts of market displayed as the privateeconomy, the individual economy, the partner economy, and the joint economy whichbelongs to personal equity. Along personal properties is continually rich which lead boththe quantity and constitution of marital properties to be more complicated and varied. Indaily life, the confirmation, dispose and assignment of marital property can influence thetreatment of matrimonial disputes and the harmonies among family members directly. Thereason is that family is a cell of the society, the whole society is made up by numerousfamilies, and the social stability is affected by family’s harmony. Consequently, whetherfrom the marriage and family interests of the citizens，or other stakeholders and national’sinterests, the research of marital property system should be pay attention.The current marital property system in China is divided into the legal property systemand the convention property system. The convention property system, which is concernedby after-marriage system, mainly made up of the jointly owned property and any spouse’spersonal and specific property. In process of specific notarial matters, the notary shouldmake sure that which property is owned by couples and which belongs to one of thespouses depending on the current materials provided by parties. Confirming property’sownership accurately can deal the relevant notary matters better. Especially in term ofhandling the notarizations of succession, wills, power of attorney, grant, enforced creditor’s rights paper, security agreement and a series of notary matters, the identifying of theownership of properties between couples is significantly important.This paper is divided into five parts. The first part mainly focuses on the definition ofthe statutory marital property system’s type in China. More specifically, it describes theorigin of Chinese statutory marital property system, the definition and characteristics ofmarried couple’s community of property regime, and analyzes four kinds of commonproperty regimes. These can help to fully understand the connotation and extension ofstatutory marital property system in China. The second part discusses the definition of themarital property in notarial practice. In other words, according to the notarial businesses,the scope and definition of joint marital property will be researched. As well as this, theownership of intellectual property and the possession of recipient property will bediscussed. Furthermore, the specific cases will be discovered and argued by referring thenational legislation and the points of domestic scholars. In third part, the specific propertyof men and women will be defined in notaral practice. The first thing should be done is thedefinition of personal specific marital property when analyzing the joint ones. On this basis,the ownership of personal specific property’s substitution, the missing of registration andthe attributing of specific supplies will be discussed as the subsequent research. At thesame time, the examples will be taken to explain and proof. The part four is about theimprovement of statutory marital property system in China. Specifically, in response tothese problems which have been found above, the content of this part propose somesolutions and provide related demonstrations for these programmes. The last part is theconclusion of this paper. Through the discussion in the main parts, the future developmentand direction of statutory marital property system in China will be summarized.