Construction Of The Very Legal Property System Research

Very legal property system means that when a normal state in a non-marital relationship,according to the law or by the relevant rights holders to apply, the court split on the jointlyowned property and common property system changes were made to the property. China’scurrent "marriage" and relevant judicial interpretations and no relevant content is very legalproperty system. If an exception occurs when the relationship between husband and wife,spouse or damage to property rights in danger of damage, relief measures which can be takenis very limited."Marriage explained three" first four partitions on the particular circumstancesof the provisions of the jointly owned property changed attitude toward our long-standingmarital property division issues of great significance, it is the judicial practice judges are notrequired to request a divorce, but the couple split cases of common property provides judicialbasis. However, the section on marital property division is relatively simple contentrequirements and conservative, faced with the complicated reality of life, still unable torespond effectively. Therefore, it is necessary to increase the provision of legal propertysystem in a very marital property system in our country.In this paper,"Marriage explain three" Section4of perspective, combined with newsituations arise marriage to a comparative approach, combined with the relevant provisions ofthe typical civil law countries and regions, on the "Marriage Law interpretation of three"Section4be Comment and give accurate positioning of its position, the necessity of creatingvery legal property system further argues.This paper is divided into four parts, in addition to the introduction and conclusion, atotal of28,000words.The first part, very legal property system overview. This part is the theoretical basis ofthe article, the concept, characteristics, nature and other aspects of the system are introduced,the basis for the following discussion;The second part of the very legal property system extraterritorial legislation Inspection and Evaluation. This is partly comparative analysis of the very legal property system toinspect areas outside national assessment, further clarify the pros and cons of the system, theestablishment of the system of extraterritorial legislation providing for our experience.The third part of "Marriage explained three" Article contents and Analysis. This is part ofthe main "Marriage explained three" Section4for a brief assessment, further explanation isreally necessary to build our very legal property system.The fourth part, to build our very legal property regime. This section introduces themajor countries outside the legal property system very foundation of our legislation andcritical analysis of the matrimonial property regime, the future of China to build a very legalproperty system to make some suggestions.