Defects Of Marital Property System And Its Perfection

The stability of the family or a direct prerequisite for society as a whole can be harmonious and stable development, family property is the family life of material security, the rights and obligations of the families of both spouses be achieved economic base, also third parties.. Family property regulation for a family directly determines the harmony of the family, saying stresses "do not take the scales, it turns out pounds and two; improper home, I do not know your leading a poor family property affecting the entire married life.Natural economic times, homeowners are almost always comes from nature, that is,"reflects environment Everyday, by water draft, a small number of family property, is also relatively simple structure, both husband and wife have been just a phase in line with the thinking of husband-wife " Shou life. Commodity economy era has brought the diversification of the family property, but the amount is still small, the couple still very strong sense of integration. As the market economy to replace the planned economy, the number of family property has been rapidly improved, showing a diversified development and structure, especially some special property interests in shares increasingly generalized, more and more important for the regulation of the family propertyMatrimonial property system of high-profile, relative to the statutory matrimonial property regime, the Marital Property System Scope is not so widely, but in a way it can better cater to couples increasingly specialized request, given full freedom of the parties in the property agreement in accordance with the principle of freedom of contract, Marital Property System fully embodies the principle of party autonomy and the pursuit of the significance of balanced social and individual interests, but also reflects the degree of democratization of a country’s laws, it also conform to the family property for a large number of complex structure, the diversification the specialized needs of the people’s needs, but the "Marriage Law" just19Marital property regime the generality of the provisions of, no provisions for specific details, Marital property system has a theoretical value and practical significance. This article is divided into three chapters, the first chapter consists of three sections:The first section is on the concept of Marital Property System, features and the introduction of legislative meaning and legislative situation, the initial set forth Marital property system; section is mainly from the status of marital property system and the basic content and type to elaborate Marital Property System in the status quo of China; the third quarter mainly from the defects of the system itself and legislation, as well as the basic content of the matrimonial property regime "Property Law" conflict and the problems in the judicial practice of the "Contract Law","Company Law" to introduce Marital Property System. The second chapter includes three sections:The first section is mainly from the point of view of France and Germany to introduce civil law countries the relevant provisions of Marital property regimes; Section Ⅱ from the point of view of the United States and the United Kingdom, common law Marital property system requirements; Section Ⅲ Comparative Study abroad and China Marital Property System, general pointed out that China can learn from. Chapter For couples agreed suggestions for improvement of the system of property, divided into four sections:Section Ⅰ put forward a sound proposal from the system itself; Section Ⅱ mainly from the legislation put forward specific suggestions for improvement; sect from put forward a sound judicial practice recommendations; fourth quarter from the back-up social systems advice to safeguard the smooth progress of the Marital Property System.As Rousseau said,"no doubt, property is the most sacred and inviolable rights of all rights, in some ways even more important than freedom itself." Hope this article for suggestions for improvement of the marital property system for the maintenance of the couple’s property rights contribute.