The Research On Exceptional Marital Property System

With the development of economy, China’s marital property is on the increase,both in the quantity and the variety, the contradiction between husband and wife is onthe increase as well. Under the condition of Market economy, self-interest andindividual consciousness make a great impact towards the family members. In orderto conceal, transfer or sell off marital property, both the husband and the wife conductcertain behavior caused an abnormal property situation between couples. Theseconducts appear in the judicial practice more and more frequently. How to preventthis kind of behavior, how to protect the stability of marriage and the interests whichmight be damaged by the conduct mentioned before is an urgent problem need to besolved by Marital Law. Which means the Marital Law should structure an exceptionalmarital property system to regulate the marital property relations in the very situation.The exceptional marital property system provide a legal approach for the party, whoseproperty interests will be damaged by his/her spouse’s conduct, to file an lawsuitrequesting an division of marital property. With the property division, thehusband/wife can preserve his/her own interests in time and cut off the risk of damage.By doing so, the couple can clarify his/her own property, and make propertytransactions according to the range of his/her own property. In China, to structure theexceptional marital property system has become consensus both in academia and injudicial practices. The exceptional marital property system is the object which discussed in this article.This article is discussed in three parts:Part1: A basic introduce about the basic concepts, characteristic, generateconditions and the value about the exceptional marital property system.Part2: Through the comparative analysis, introduce the basic rules about theexceptional marital property system in different countries and regions, especially inGermany, France, Italy, Switzerland, Japan, Taiwan area and Macao area and so onthe continental law system in the civil code main countries and districts. Theintroduction includes applicable situation, set-up procedure, effect and the expireprocedure about the exceptional marital property system. The problem might appearin the process of the exceptional marital property system is also discussed in thisarticle. With the introduction about the exceptional marital property system indifferent countries and different regions, this article might provide some comparativematerials when the legislature try to structure the exceptional marital property system.Part3: An analysis about the third judicial interpretation of the Marriage law,article4. On the basis of analysis, the adaptability and problems should be payextreme attention to of the exceptional marital property system will be furtherdiscussed. In the last part of this article, the author will try to design the specificcontent about the exceptional marital property system, and put forward her own viewsand suggestions about how to structure the exceptional marital property system.Hopefully, it may provide some reference for the future legislation.