| In the competitive era of knowledge, the diploma or qualifications in general represents the people who have a higher quality. Highly educated owners are more likely to obtain a better income. In marriage relationship, the spouse by taking the family labor to support the other party to get diploma, credentials, At this time, if the parties of getting the diploma or qualifications to put forward a divorce, while between the husband and wife don’t have other property available for division. In this case, It’s a real problem among divorce that how to protect the benefits of the family contribution of labor party. So, how to deal with the problem about the diploma or qualifications of expected property interests is still worth exploring.Based on the analysis achievements of previous studies, on the problem of handling the diploma or qualifications during the divorce, This paper presented the following ideas:namely, whether the diploma or qualifications can be recognized as the property is not the essence of the problem, whether the diploma or qualifications can be regarded as the property, the expected benefits of property of them should be admitted. Given the diploma or qualifications as a property will cause extremely dispute, So,the diploma or qualifications distribution mainly depends on according to recognize and compensate the value of family labor distribution of benefits on the diploma or qualifications in accordance with the expected primarily based on the recognition of the value of family labor and compensation. Solving the value of family labor is equivalent to find the answers of the diploma or qualifications benefits of property allocation. So, Rather than in talking about the expected property benefits of diploma or qualifications, this article is to investigate the question of how much the actually value of family labor.Based on the above idea, the article into the following three parts:First, introduce and analyze the academic research achievements, the foreign legislation and the legal practice on the diploma or qualifications, then concluded:regardless of whether the diploma or qualifications recognized as property, the diploma or qualifications should contain the expected property benefits to be recognized. But for the diploma or qualifications expected of property in accordance with the distribution of benefits should be mainly based on the recognition of the value of family labor and compensation; Secondly, analysis compensation quality of the diploma or qualifications. This paper argues that the marriage relationship is a contract relation, the relationship between marital property is similar to a partnership. The Spouse’s contribution to family labor is equivalent to the partnership of labor form of investment, and thus compensate for the family labor contribution is equivalent to the returns on the original investment; Third, the freedom money to dispose of China Taiwan theoretical and practical judgment of damages for infringement as a reference on how to exactly measure the value of family labor, so as to assess the value of family labor to provide ideas. Finally, according the lack of current Marriage law, put forward three proposals:First, expand the scope of the jointly owned property by interpretation, so as to accommodate more items of property with the expected benefits; Second, the explicit recognition the value of family labor is equivalent to go to work, and put the applicable scope of family labor compensation system expanded to jointly owned property; Third, make clear the calculation standards of the family labor value. Generally, it’s at least to the lowest basic wage as the calculation of basic family labor standards. Also, allow the value of family labor to carry out the cases identified, according to the specific circumstances of the marriage realitionship, that is, allow the spouse provide evidence to show how much family labor contribution she do. And put it as a basis for judging the value of family labor. |
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