Study On The System Of Community Property Division During The Existence Of Marriage

With the rapid development of China’s social economy, property plays a more and more important role in people’s life and marital property disputes have also become’ increasingly complex. These disputes exist not only at the time of divorce but also during the existence of marriage. Because of various reasons, the husband or the wife only makes an application to the court for property division without divorce. However, there are conventional articles that the community property during the existence of marriage can not be separated unless the couple get divorce, which makes people don’t know what course to take when faced with disputes of marital property. As the Real right law of the people’s Republic of China and the third judicial explanation of China’s Marriage Law publishing, community property division during the existence of marriage has become one part of China law gradually. But the shortages of the new judicial explanation keep it back from giving full play to the role of settling marital property disputes. Marital property relationship should be adjusted by a special legal system, not several articles being distributed in some codes.This article is discussed by three parts.Part one, summary on marital community property division system. By introducing different conceptions from both here and abroad, define the system clearly. Then the system is divided into two categories:apply directly or adjudged by court. The latter will be discussed in detail.Part two, stressing the importance of this study by analyzing the marital community property division system’s value. And this part proves it is necessary and doable to found this system in our country. Then aiming at the Real right law of the people’s Republic of China and the third judicial explanation of China’s Marriage Law, this part expounds shortages of our country’s marriage law in the areas of common property division during the existence of marriage.Part three, introducing the civil law of France, Germany, Switzerland and Macao by analyzing the content of legislating mode, applying requirement, qualified person and legal consequence of marital community property division system. On the basis of this, this part offers a proposal to the construction and perfection of the marital community property division system.