On Conflict And Coordination Of The Statutory Matrimonial Property System And The Property Law

As people increasingly rich material life, marital property rights have become the focus of social attention. Our country marriage law regulation of marital property system and the property law is the law to solve the both sides of husband and wife property ownership, however,marital property system is inconsistent with the provisions of the property law on property rights obtained, lead to the conflict on the applicable law in the judicial practice. This article mainly discusses the legal property system and the property law of conflict of laws, the causes of conflict of laws, and further puts forward a solution to the conflict of laws, in order to solve the problem of the judicial practice of marital property ownership disputes produce certain effect.In this paper, the main body can be divided into four parts, the first part is the legal property system and an overview of the property law conflict, briefly summarizes the legal property system and the law of real right, and the concept and type of conflict of laws.The second part to coordinate the legal property system and the overall thinking of the property law conflicts, this paper mainly discusses the legal property system and the general rules of law conflict, and through to apply to both legislative idea, legislative background difference.The third part is the legal property system and the property law of conflict and coordination on fruits attribution, briefly illustrates the concept of interest and types and the legislative status at home and abroad, through the theoretical disputes in China demonstrated fruits attribution in the presence of conflict of laws shall be applicable laws.The fourth part is the legal property system and the property law on real right of realty obtain the conflict and coordination, first elaborated the real estate property right, next to the legal property right of common whether you need to perform the real right change form, and the belongings before marriage form transformation problems, finally puts forward the coordination of the obtained in the presence of conflict of laws rules. Through the research of this paper mainly adopts literature research to the legal property system by the method of literature research and the analysis of existing conflict of laws of property law, finally draw the conclusion. This paper argues that the legal property system and there is no real property law in the sense of conflict of laws, the two conflicts mainly because of the cause of legislation on the cohesion between the two problems, can be solved by legislation and judicial interpretation.