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Matrimonial Property System In China

Posted on:2014-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:L XieFull Text:PDF
GTID:2246330398956091Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In today’s world of rapid economic development, China’s reform and opening upprocess is also increasingly accelerated, the people’s material needs and livingstandards have been greatly improved, an increase of product categories and frequenttransactions complicated to promote marital property types, property the relationshipis also more diverse, the couples divorce property disputes also showed an increasingtrend. Matrimonial property system in China making process, mainly to protect thecommon property, but have neglected the importance of the personal property inmarriage and family, and the lack of efforts on the protection of the personal propertyof the husband and wife, is not conducive to the couple personal property protection.This paper discusses the following four aspects:The first part is an overview of the matrimonial property system. In order tobetter study the matrimonial property system in China, the first part is mainly fromthree aspects of the concept, features, and legislative principles of system analysis.Only in understanding the meaning of the matrimonial property system to effectivelyresearch and discusses the contents of the matrimonial property system in China.The second part is about the status of the matrimonial property system in ChinaComment. Statutory matrimonial property system is mainly applicable to types ofmatrimonial property system in China, its mainly agreed matrimonial property system;supplemented agreed matrimonial property system is a priority in the statutorymatrimonial property system applicable. The relationship between husband and wifeis the core of the marriage and family relations, marriage-based family is the cell ofsociety, the harmony of the family can build a harmonious society, marriage resultingin the current stage of China’s economic development, co-production of the statutorymatrimonial property system is in line with the status quo of China’s marriage andfamily life. With the "Marriage Law explained that" the promulgation of the Marriageand Family Law in our country is maturing more effectively adapted to thedevelopment of modern society?The third part is mainly on the defects of the matrimonial property system inChina. The main points of intellectual property rights can be looking forward to thetwo parts of the vesting of interest and appointed property system analysis.The fourth part is the perfection of the matrimonial property system in China tomake a few suggestions. Marital property relations are based on the spouse’s identitybased on the relationship, its identity and ethics, in essence, is not a simple materialinterests of the exchange. Marital property relations which differ from the generalcivil and property relations, not only compensation for equal value on the property asa measure of the fair scale. Marital property between the principles of fairness is builton the basis of the particularity of their identity and their contribution to the family.
Keywords/Search Tags:matrimonial property system, legal propertysystem, agreed property system
PDF Full Text Request
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