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Research On Human Capital Division Divorce

Posted on:2013-06-10Degree:MasterType:Thesis
Country:ChinaCandidate:D TangFull Text:PDF
GTID:2246330395488492Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
During marriage, spouse support the other party to obtain the degreecertificate or certificate of occupation, to pay the huge cost. Divorce,aided by the other party shall pay increase income ability, supported onone side but not the certificate for the benefits of. The family investmentmore and more investment in human capital era, how to divorcebalancing the interests of the parties is a problem worth discussing. Thispaper mainly analyzes the couples divorce can be manpower capital ascommon property to segmentation, segmentation should follow theprinciple, method and the various methods of how to calculate.This paper consists of introduction, text, conclusion of three parts, andthe text is divided into seven parts: the first part is the introduction of twohusband and wife about human capital Split case, through the case whichthis article will be focused on the issues of divorce, that will be whetherhuman capital as a common property of husband and wife to segmentation, as well as how to determine the segmentation. The secondpart discusses the concept and characteristics of marital property system,property system and its legislative purpose principle should be followed,and the husband and wife property system classification standards andeach of the different classification criteria of classification, and themarital property system sorting out various concepts. The third part is toelaborate manpower capital concept, characteristics, attributes, throughhuman capital human capital and its characteristics to define couple. Thefourth part is the discussion of human capital shall be partitioned couplesthe necessity, from the judicial and academic circles to agree to divide thecouple embarks from the human capital, human capital property andinvestment and yield of husband and wife, that human capital should besegmented necessity. The fifth part discusses the feasibility of humancapital shall be partitioned couple, husband and wife from the manpowercapital has economic value to explain the couple human capitalsegmentation is feasible, and then leads to the following part of the discussion. The sixth part is the husband and wife in determining humancapital should be segmented and can be segmented, elaborated in the jointproperty of husband and wife to husband and wife the human capitalsegmentation principle should be followed, in the framework of divisionof the couple’s human capital is effective. The seventh part is to expatiatethe couple human capital ought to segmentation, the segmentationmethod which to have, and how to calculate.The couple of human capital itself is inseparable, it is dependent on thehuman itself, has person to belong to, but in its investment condensationhuman resources, capital and other substances, their expected benefits inthe future can be achieved, although the value of human capital isuncertain, but China already has a human capital assessment theory andpractice experience, should will couple into manpower capital the jointproperty of husband and wife range, the adaptation method when thesegmentation, the paper through the case analysis, from the theory and judicial practice, explore the husband and wife on the human capital thesegmentation of a series of problems.
Keywords/Search Tags:marital property system, human capital, the principlesof segmentation, segmentation, legislation, perfect proposal
PDF Full Text Request
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