On The Research Of The Marital Property System

Matrimonial property system is an important content of law relating marriage effectiveness, as well as the focal point of nearly modern family property regime. This paper attempts to do an overall and comprehensive study on the system of couple’s jointly owned property (SCJOP). There are three major aspects of SCJOP in accordance with the content system, which are scope, rights and division respectively. The scope of the couple’s jointly owned property (CJOP) is to delineate the boundaries of common property and to define what a common property is. Rights of CJOP contain rights of tenure, use, usufruct, disposition and management and the core issue is how to exercise these rights and how to relief when those rights are infringed. Division of CJOP is the putting-an-end mechanism of SCJOP, including circumstances and ways of division. In the documentation process of this paper, the author explored the definition and composition of CJOP, relationships between CJOP and personal property relations (PPR), several controversial issues of property ownership existing in the current judicial practice, the debt issues of couple, issues of property rights of husband and wife, as well as division issues of CJOPS. Through these studies, the author stived to get a thorough theoretical understand of SCJOP and provide solutions to solve difficult problems in practice. Which is the psychological marriage requirement of our nation, as well as the development trend of marriage legislative history in the next decades. In the next few years, SCJOP will once again become a hot issue of academia of marriage law. There being a major modification of SCJOP in the next Civil Code, a pre-theoretical research is essential. Therefore, it has both great practical value and important theoretical significance to do a system, wide-range and in-depth study of SCJOP.