Study On The Marital Property System Of Personal Property

As early as in ancient Rome there has been a system of couple’s agreed property, after the contract theory of modern capitalism developed, to form the system of couple’s agreed property in the modern sense. Our country in1950\"marriage law\" did not make direct regulation;In1980\"marriage law\" formally establish the system of couple’s agreed property, only make the agreed property for legal property system of supplement, rules too simple, in the judicial practice difficult to operate;2001\"on modifying (the marriage law of the People’s Republic of China> decision\", further improve the system of couple’s agreed property, and put the agreement property system in the same important position, and the legal property system and give it a priority to apply the effect. In our country, the current application property system is the legal property system, most couples in retaining the property during the marriage process is in accordance with the regulations of the legal property system, visible, the legal property system also has the important status in the processing of belongings of husband and wife.New marriage law has been renewed and used for seven years, although the introduction of the provisions of the personal property, adapt to and meet the current Chinese social and economic development and the need of marriage and family relations, but on the content, scope and management there are still many uncertain and incomplete. Along with the development of our social economy, family members employment channels, the mode of operation and the development of diversified social wealth distribution mechanism, property source also appears as diversification, property increase continuously of trend, in addition, the marital disputes over property after divorce is becoming more and more complex, property disputes increase social contradictions, and seven years ago, the contents of the new marriage law has many no longer applies to solve today’s complex marital property disputes, so still need to be further modified and perfected.Statutory marital property system in our country are analyzed in this paper, clear rules and scope of the bearing of the couples personal debt, the concept of private property of husband and wife and including scope, reveals the deficiency of current statutory marital property system, the perfect degree of the considerations compensation requests and marital property system, exercise the rights of private property of husband and wife, and legislation of marital property system in our country puts forward a new proposal.This article can be divided into the following three parts:The first chapter:summary of the basic legal marital property system. Clear about the basic concept of the legal marital property system, the research on the status of personal property in the statutory marital property system in our country, at the same time and the statutory marital property system in other countries than in analysis, research the different legal pursuit to the marital property system of legislation and the legal definition of our country has the significance of private property of husband and wife.The second chapter:analyze legal marital property system in our country. In comparing with other countries’ legal marital property system research, summed up the legal marital property system in China are the advantages and disadvantages, moreover, clearly define the scope of couples personal debt and bear the rules as well as to the content and scope of private property of husband and wife, studying the exercise the rights to the legal private property of husband and wife.The third chapter:updating legislative Suggestions of perfecting our country’s current statutory marital property system. Content mainly includes:to perfect the legal nature of the private property of husband and wife in marital property system and ownership, this paper argues that private property of husband and wife in general should be set in the system, the private property of husband and wife and husband and wife to divide the scope of personal debt well; In the exercise of the rights of private property of husband and wife and assume the corresponding obligations and responsibilities, personal property rights should be made to exercise rules, clear the bearing of the couples personal debt rules, and to add marital property right to claim compensation. Macro guidance to establish fair principle in marriage law of our country.