Legislation Of The Very Marital Property System

As a constituent part of the conjugal property regime, the special conjugal property regime isderived from the contradiction of family and its members who are all deemed as the equalmarketing principals. The special conjugal property regime is a system of the propertytransformation between couples, a setup of the pursuit for the balance between husband, wife andtheir creditors, also a reflection of the equal status of the members in marriage, graduallyadvancing forwards along with the social progress.Taking the construction logic of the special conjugal property regime as research context, andbasing on the introduction and analysis of the related legislation of France, Germany, Italy,Portugal, Switzerland and Taiwan area, this thesis details the legislative location and nomologicalbasis of special conjugal property regime, and concludes the common applicative precondition,following with the classification and deep-going elaboration. The initiating mechanism could bedivided into t auto type system and pronounced type system, which need different fait juridiques.The exclusive consequence of the application of special conjugal property regime would be theseparation of property regime. However, it possesses dominant features and is distinct from theindependent separation regime. When the special conjugal property regime will come into forceand expire also makes importance to the interested parties and becomes an important issue in thelegislation. As for the protection of the creditors and maintenance of the transaction security, theother countries and areas adopt three kinds of measures, such as the creditors’ intervention duringthe application, publicity of the verdict and action of opposition. Besides, this thesis chooses threefamily property institutions related which have been founded in China, comparing them to thespecial conjugal property regime seriatim, then puts forward the ways for their coordination andintegration.On the above analysis and demonstration, this thesis proposes the suggestion as to thelegislation of the special conjugal property regime in China. The content consists of theconception, the implementation of the auto type system, the implementation of the pronouncedtype system, the entering into effect and expiry, how to separate the previous property, oppositionact of interested parties and publicity. Among the pronounced type system and its expiry, one ofthe couples, near relatives and creditors all could be the applicants under different situations.