The Institution Of The Marital Joint Property Division

Recently years, the numbers of the parties who are still during themarriage is not filed for divorce but administrative appeal for dividing thecommon property are dramatic growing, as the basic of the forth law of theinterpretation of the judicial Marriage Law (c), in the mainland of China, ismade clear the system on dividing the common property for the parties whoare still during the marriage Establishing the system in the country has itsnecessity and also feasibility. Dividing the common property for who arestill during the marriage should follow the following basic principles:generally, the common property could not be divided for the parties whoare still during the marriage; protecting the powerless side; the othersprinciples. The following applicable conditions: one side intentionallyreduces the common property; one side that has the obligations to foster thechildren or the parents is contracting a disease that could not be treated.Main points are entity partition, the division of converting the property tothe currency, price beneficiation, etc. Most countries use the couples’abnormal property system to dividing the common property for who arestill during the marriage.As the reference, it could be used the foreignsystem that refer to influence to the society of the mainland of the Chinawhich is from the situation that use the system that divide the commonproperty on one ‘own to declare the two situations about dividing thecommon property for who are still during the marriage, which isformulated by the forth law of the interpretation of the judicial MarriageLaw (c):such as the scope of the dependents, the scope of the majordiseases, the scope of the amount of medical treatment; need to increaseone or both spouses claim of creditors, or a party in accordance with thelaw has been declared missing and the other did not apply for divorce aseparate request to split the property situation, and so forth.