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Research On Chinese Statutory Marital Property System

Posted on:2013-07-17Degree:MasterType:Thesis
Country:ChinaCandidate:R WangFull Text:PDF
GTID:2246330374957287Subject:Civil and Commercial Law
Abstract/Summary:
Statutory marital property system is the legal system which adjuststhe property relationship between the spouses. Now there are two typesof statutory marital property system in China, they are the joint-ownedproperty and the individual specific property system. According to theseriously study of the concepts and types about statutory maritalproperty system, combined with analyzing its history, discuss theSpecific provisions of the two types system in our Marriage Law,analyze the progress and the shortcomings of existing laws, meanwhileadvise some suitable legislative proposals.The first chapter is an overview of the statutory marital propertysystem. There are three parts, the first part is the concept and types ofstatutory marital property system, the second part is its history, and thethird part is legislative values.The second chapter is the legislative status in our Marriage Law.Introduce the main legal of the Marriage Law and the judicialexplanations.The third chapter is commentary about our statutory marital property system. Combined with the legal and judicial practice, analyzethe progress and the shortcomings of existing laws.The fourth chapter is about the legislative proposals for the legalimproving. According to analyzing the shortcomings of the existing law,advise some proposals, with a view to give some suitable advices forimproving our country’s legislative.
Keywords/Search Tags:statutory marital property system, the joint‐ownedproperty, the individual specific property, non‐normal legal marriageproperty system
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