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Legal System Of Couple’s Agreed Property Research

Posted on:2014-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:H G WangFull Text:PDF
GTID:2266330422453965Subject:Law
Abstract/Summary:PDF Full Text Request
Marital Property System, also known as Marital property contract, with the one,who intention to marriaged or between husband and wife have been married,to eachproperty, ownership property,to sign an agreement to determine the dominant rights,the right to use and how they occur property relations responsibility to make a clearagreement with respect to the legal property with priority to the applicability of themarital property system. China’s system of Marital Property experienced from scratch,from the imperfect to the gradual improvement of the tortuous process.2001MarriageLaw Marital Property System With more detailed provisions in the prevailing socialconditions to meet the basic needs of the people to determine ownership of propertyand judicial practice. Ten years have passed, the legal system run objectiveenvironment and the new changes, for Marital property regimes, the largest impact iscomplex and diversified property relations, these objective factors lead to MaritalProperty in reality life applications and judicial decisions of the Court applies to thedifficult problem.Marital property system this real life closely linked legal system,from time to time need to modify, improve to adapt to the prevailing social conditions,it has become the regular pattern of this legal system.In this paper the author to come into contact with the internship process of theCourt Marital Property System for Disputes Arising from the civil case as the startingpoint of the thesis, according to China’s Civil Law, Civil Procedure Law, the MarriageLaw, the Marriage Law Explanation, and foreign legal documents, such as the FrenchCivil Code, the German Civil Code discussed in detail Marital history of thedevelopment of the property system, system requirements, problems, and improvemeasures. Finally, to return to our country’s system of Marital Property case of maritalproperty, revealing the shortcomings and deficiencies of the system, and make acontribution to make up these shortcomings and deficiencies. This article is dividedinto four parts: the first part describes the matrimonial property cases Marital Propertycontroversial typical case, pointed out that the court decision based on these specific cases, reveal the court decision defects and Marital property regime statute itself. Thesecond part discusses the basic theory, China and other countries of the world for thecomparison of the system to introduce the legislative background of the MaritalProperty System, legislative style, nature Marital Property System. The third partintroduces the main contents of the Marital Property, including the significance of thetype, effectiveness and progress. The fourth part, this part is the characteristic andinnovation of this article, the author on the basis of discusses the basic content of theMarital Property System and problems reference to foreign economic development,legal and mature civil law countries relevant laws, put forward his own opinions toimprove Marital Property System.
Keywords/Search Tags:Husband and wife agreed property system, Property agreement, Legislative defects, Improve opinions
PDF Full Text Request
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