Personal Characteristic Of Husband And Wife Property System Research

Entered for the 21st century, the social life in Chinese society has changed fundamentally. Family property is not only increased daily in number and kind, but also break through the traditional the form of physical property in range. People’s right consciousness and independent personality are rising day by day. The investment, a new style of property form is becoming popular. In order to meet the need of this development in socialist market economy, the marriage jurisprudence had been amended about matrimonial regime. The marriage jurisprudence expressly stipulated the peculiar in marriage as well as made the concrete regulation in the scope of the peculiar by the way of listing and summarizing. The stipulations in marriage jurisprudence are geared to international standards, and are keeping with the characteristics of the times. Moreover, the stipulations satisfied the spirit of the pursuit of individual property which a kind of respect to the right of individual property. These stipulations are good for encouraging people to create property and develop the economy so that the stipulations are accordance with the legislative trend and are praiseworthy. However, there are also some defects existing in the current marriage jurisprudence, such as the definition of the matrimonial personal property, the matrimonial right and duty to the personal property. The marriage jurisprudence had been amended for ten years. In these ten years, with the development of the employment channel, the operating procedure, the different distribution ways of social wealth, the source of matrimonial property is becoming diversification and the sums of the property are becoming larger and larger along with the increasing disputes relating to the matrimonial personal property. The defects of the current marriage jurisprudence are arising. There are a lots of matrimonial personal property cases in the trial practice that became the subject in the academic circles. For the author also met this problem in the practical trial, this article will do some researches and discussion about this problem from the angle of scope, right and duty and then try to give some suggestions.The article has seven parts that including the introduction and summary.Chapter one is about the legislative choice and value orientation of matrimonial personal property system. It introduced the legislative background, development, the legislative choice of our country’s matrimonial personal property system which to guarantee the independent personality and economic status of husband and wife, to avoid moral hazard. The matrimonial personal property system can complete the legal husbands and wives property system and embody its supplementary function of common property of the matrimonial system.Chapter two is the analysis about the criteria and content range of Chinese matrimonial personal property system. It firstly stated the definition of matrimonial personal property system in time, in subject and in source. The introduced some related foreign country’s legislative survey and Chinese current matrimonial personal property system. Lastly, the article stated the controversial problems existing in the matrimonial personal property system, such as the owner of value increased during the marriage existing period, of the endowment insurance money, of the profit yielded postnuptially by the intellectual property acquired by the husband or wife before marriage and of the house bought after marriage but registered one of the parties.Chapter three is a probe into the personal property right. The personal property right is embodied in ownership and the right of management. Husband and wife have the ownership of their personal property totally, including the right to possess, to use, to get the profits, to disposal and to manage. However, marriage is a kind of union. In order to meet the need of life, some rights about their personal property were restricted and followed some special rules.Chapter four is the analysis of the duty and debt that burdened by the husband and wife. Firstly the article introduced and summarized the legislation enlightenment that France and Italy’s stipulations in matrimonial personal property duty to our country. Then it recounted Chinese relating stipulations and summarized that the debts burdened by the husband and wife are classified into two categories:debts burdened by one part and matrimonial common debt. There are two criteria existing in defining matrimonial common debt. One is the usage theory, the other is the temporal theory. However, these two theories are both have some defects. The author considered that our country can use the French husband and wife debt system as a source of reference to use the above two theory differently.Chapter five is about the deficiency and improvement of Chinese matrimonial personal property system. By analysis the problems that existing in the current matrimonial personal property system, the author gave some suggestions to improve the system. The author thought that it must be stipulated the standards about the matrimonial personal property, clarified the matrimonial right and limitation to the personal property, and improved the formulations about the duty burdened by the matrimonial personal property and the debt scope.