Within Marriage Husband And Wife Common Property Division System Research

Partition of marital joint property is the husband and wife jointly owned property division after the split property individually own in the duration of themarriage relationship, and the implementation of the separation of property regime. The partition of marital joint property has four characteristics: First, in the duration of marriage, the second, the partition of marital joint property, thirdly, prescribed by law and only in the specific circumstances and conformitywith the law shall apply, Fourth, the judiciary upon the application, the judgeruled that the legal effect of the division of property arising.The partition system of marital joint property contains the split systemof marital joint property and marital joint property split failure system collectively. Including the application of the situation of partition of marital joint property, to apply the main limitation of action, object of the segmentation, segmentation method, the effective time, failure conditions, proposer. The nature of partition system of marital joint property has a very important significance for theconstruction of the marital joint property split system. The nature of partitionsystem of marital joint property is private law-cum-social law, which determines us in constructing this system should be more emphasis on protective effectto the weaker or loser side in the marital property relations.The value of marital joint property split system is: First, integrity thematrimonial property system. Second, protect joint property. Third, save the life orprotect the health of the relatives. Fourth, effective jointly fulfill the spouse’seconomic obligations. Fifth, we can save the brink of broken families, maintaining theintegrity of the family and social stability. The necessity of marital joint property splitsystem is, to perfect the legal system of matrimonial property system in China, duringthe marriage to protect the interests of the husband or wife’s need, to achieve the needfor marital damages.The statutory application of the case in our marital joint property split systemthere are six specific circumstances. First, missing one of the spouses, the otherserious damage to the missing party property interests as managers of theirmanagement practices, or a third person by the court to declare the property managers;is one of the spouses is declared as a limited civil capacity, the other asguardians oftheir guardianship seriously damage the interests of the guardian of property or a thirdperson to become a guardian; is one of the spouses does not bear the cost of family life according to personal property status and the ability to work has incurred legalobligations to support; spouse bears the statutory dependents obligation to the peoplesuffering from major diseases need to heal, the other party does not agree to pay therelated medical expenses; five party hidden, transferred, sold, destroyed, squanderedthe jointly owned property or forged jointly debt serious damage to the jointly ownedproperty interests of the behavior; the six party unauthorized disposition of the majorcommon property, and serious damage to the other property rights.Proposer should be really for the couple and their legal representatives or nearrelatives. The application applies the statute of limitations should be adopted duringthe short period in one year, within1year from the date of the occurrence of thebehavior to meet the statutory applicable circumstances. Application for division ofproperty in the case of split of the common property of both the response to thepositive assets (total assets, total debt) to segmentation, but also to deal with thepassive property (common debt) to segmentation (one party does not take on familyresponsibility, deal with family life costs and support obligations is shared). Theimplementation of separation of property regime may occur after the spouse of anyproperty, financial capacity, the other spouse shall bear all of the family livingexpenses and raising costs. Jointly owned property in the marital split should insist onequality between women and men, to take care of the rights and interests of childrenand the woman, to take care of the innocent party,does not affect the maritalrelationship continues to exist, and respect for the parties will. Distinguish todetermine the effective time of the division of jointly owned property within themarriage according to the nature of the situation, there are acts of property damage,take effect from the effective date of the judgment; the behavior of the existence ofproperty damage, retroactive to the date of application from, but party apply by thecourt to that effect, except retroactively to acts of property damage.It is recommended that the provisions of the jointly owned property in themarital split system in China’s Marriage Law of the Civil Code, specific institutionalarrangements in two ways (the provisions of the general part of the matrimonialproperty system or concentration terms after the legal property system and theappointed property system), should adopt the mode of direct provision of thelegislation.