Try To Talk About Marital Property System

Matrimonial property regime defines the property relationship between the couple. It is the legal protection for family and society and always regarded as an important part of family law in many countries. Owing to the historical, economic, cultural, traditional and other factors, matrimonial property regimes are quite different in many countries. This paper launches a comparative marital property system study in China, France, and Germany, and then compares the difference and the same. In light of China’s facts and based upon the past production of the other people, the paper gives some legislative proposals to perfect matrimonial property regimes. The whole paper is divided into three parts:Part I:An introduction to matrimonial property regime. The author introduces the fundamental theory, historical evolution and distinguished types of matrimonial property regime. And this chapter reveals the development course of matrimonial property regime from inequality to equal.Part II:The comparison of matrimonial property regime between China, France, and Germany. This section briefly introduces the general lawmaking situation of the matrimonial property regimes in the three countries, and then compares them. Followed by the comparison, the author concludes the difference and the same and analyses the causes.Part III:The deficiencies and improve of matrimonial property regimes of china. This part is a conclusions of the comparison mainly through the first two parts, first, pointing out the lack of matrimonial property regimes of china. On the basis of the above analysis about inadequate, the writing provides ideas of legislation to perfect matrimonial property regimes of china. Moreover, discussing the matrimonial property regimes of the Third Interpretation of Marriage Law.