Discussion On The Special Marital Property System

The special marital property system is a kind of the marital property system, that according to the provisions of law or the applicant to applying for decision of the court, changes the marital property system from the common property system to the respective property system means based on the marriage alive, when the specific statutory reason appears. The special marital property system is corresponding to the normal marital property system in the marital property system, the special marital property system is a relatively mature marital property system in many countries, like France, Germany, Italy. There is only the normal marital property system in the Marriage Law of China, but there is no the special marital property system in the Marriage Law of China. With the development of the market economy, the property value-added channels is widened continuously and the marital property is persistently increasing,that leads to the property contradictions between husband and wife are also accordingly increasing. The contradictions between husband and wife have spread from the general household chores to investment and appreciation of the property. In order to solving the couple’s marital property disputes, the third judicial interpretation of China’s Marriage law stipulates a rule which formulates that during the marriage alive, when the specific reason appears, husband or wife can request court to divide the common property. This rule avoids divorce to resolving property contradictions, but there is no guarantee that specific reason which causes the division of common property has been destroyed. The special marital property system is able to effectively solve the complicated and various marital property disputes, based on the marriage alive. The construction of the special marital property system is the objective demand of perfecting the marital property system, and the necessity of maintaining marriage and family.Except introduction and conclusion, this article is divided into three parts to discuss the special marital property system. The first part:The summarization of the special marital property system. This article summarizes the theory of the special marital property system, including the concept of the special marital property system, the nature of the special marital property system and the legal characteristics of the special marital property system, then traces the conditions of the special marital property system by historical analysis method, such as economy condition, thought condition and system condition. The second part:The legislation of the special marital property system. This part contrasts the legislative cases in France, Germany, Italy, Switzerland, Taiwan of China and Macao of China,and analyzes those legislative cases including the legislative model, the type, the statutory reason, the proposer, the applicable effectiveness, the terminational conditions and the terminational effectiveness by comparative analysis method, that is very helpful to construct the special marital property system in China. The third part:The legislative thinking of the special marital property system in China. This part analyzes the legislative status and judicial rules of the current marital property system in our country, then discusses the necessity and feasibility of the special marital property system in our country by empirical analysis method, finally based on national conditions designs the legislative contents of the special marital property system in China.