Study On Special Matrimonial Proprerty System

Interpretation (Ⅲ)of the Marriage Law about the provision of the division of mutual property during the existence of a marital relationship is a major break through legislation on matrimonial property system.Article IV of the judicial interpretation provides two major cases to allow division of mutual property during the existence of a marital relationship. Legislative intent to solve the thing,when one of the spouses’s property rights and interests suffered from the other in real-life, but for various reasons don’t want to divorce, only sued the court for the division of common property. However, due to the terms of the applicable circumstances made strictly limited. It can not solve the problems of the adjustment of the marital property relations under the other special circumstances. Therefore, It is necessary to establish special matrimonial property system to resolve unusual marital property relations.Part I of the paper comments the Article IV of the Interpretation (Ⅲ)of the Marriage. Through combing the evolution of the marital property system and the in property law of China for common property,combining with the related ordinance content to discuss deficiencies and defects of the division of common property during the course of the marriage, paving the way for the convergence of the special matrimonial property system.Part Ⅱ discusses the value of the special matrimonial property system.It’s value mainly includes protection of family functioning, protection the marital property rights and interests,and maintain the security features of modern transactions.The special matrimonial property system can solve the special circumstances of separated spouses,domestic violence.One of the spouses’ personal property is insufficient to pay his(or her) debts and so on, which can not be resolved by our division of common property during the course of the marriage.Part III of the paper through the examination of extraterritorial of the special matrimonial property system. Analyzing the specific content of the system.lt can be divided into type, applicable situation, qualified applicants,legal effect and so on. Trying to enrich the experience that we can lear when building our special matrimonial property system in China.Part IV combine with extraterritorial legislative experience and actual conditions in China’s actual conditions. Try to put forward my own views and opinions about establishing and improving our special matrimonial property system on the results of previous studies. To look forward to contributing to improve the legislation of the future matrimonial property system.