The Construction Of Abnormal Matrimonia Property Regime In Our Country

Special Matrimonial Regime defines a separately property regime substituting the normal property regime when the marital relationship is in an abnormal status. Matrimonial regime in our current Marriage Law only stipulated the normal property regime, without the Special Matrimonial Regime. The current martial property regime can’t meet the needs of the economic and social development and changes in marriage and family relations.Therefore, it’s necessary to stipulate the Special Matrimonial Regime into the matrimonial property system.Article4in Interpretations of Several Issues on the application of Marriage Law of P.R.C by Supreme People’s Court (III)(hereinafter abbreviated as "Marriage Law Interpretations III") implement formally in13th Aug.2011has involved the concept of Division of Marital Property, which is a major breakthrough definitely. This provision could be deemed as the initial recognition and useful overture of the special matrimonial regime in our state, and reflecting the legislative trends in our country. So, it’s necessary to catch this opportunity to promote the legislative of the Special Matrimonial Regime in our country.The fundamental theory, including the conception and characteristics of the Special Matrimonial Regime, as well as its legislative worth were identified at the first part of this thesis. Then it will clarify the necessity and feasibility of Special Matrimonial Regime, as well as analysis the current situation of legislation. Further, pointing out that we should structure an integral Special Matrimonial Regime in legal level.At last, the legislative proposals respecting the construction of Special Matrimonial Regime will be proposed, based on the comparison and analysis of extraterritorial legislation.The structure of this thesis is:Part1:Outline of Special Matrimonial Regime. Including the conception, characteristics and legislative value of Special Matrimonial Regime.Part2:Necessity and Feasibility of Special Matrimonial Regime. First, pointing out the false of the current marital property regime, and expounding the necessity and feasibility of the structure of Special Matrimonial Regime. Then, introducing the legislative background of Article4in "Marriage Law Interpretations III", and evaluating its advantages and disadvantages.Part3:Comparative laws about Special Matrimonial Regime will be used as points of penetration, instances of legislation of various countries and regions, such as German, France, Italy and Switzerland, even Taiwan region of our country.Part4:Construction of Special Matrimonial Regime in our country.Respectively from the legislative path, the regime content and the regime supporting, proposeing our own ideas about "how to build the Construction of Special Matrimonial Regime in our country", as well as pointing out the related issues should be noted.