Research On The Theory Of Marital Property System In Marriage Law

The marital property system in the marriage, the specific legal system of regulation and supervision on the marital property relations in marriage and property rights and obligations. Marital property system is the existing protector belonging to a specific field, the system is perfect or not, not only relates to the stability and happiness of each family, but also affect the long-term stable development of the state and society overall.Marital property system is so important, but in 2001 the revised marriage law provisions of the marital property system, the legislation is too simple and rough, the lack of flexibility, specifically, in the adjustment and to solve the problem of property between husband and wife was not enough, can not solve the property law relationship is more complex, can not adapt to the new contradictions and new problems of marriage the family. Therefore, we need to research the marital property system, there is a deeper analysis of the marital property legal system problems and put forward a sound legal system of marital property advice, suggestions for the perfection of the system of marital property.This paper is divided into four parts:The first part, mainly introduces the basic theory of marital property system, including the concept, characteristics, development history and pointed out that the revised marriage law provisions of the marital property system is the important theoretical foundation for the following questions, make research;The second part, introduces the status of legislation of marital property system, which from the statutory marital property system and promissory marital property system two aspects elaborated at present our country law legislation on marital property, the legal marital property system, is divided into two branches of common property and the personal property system to introduce, find out the foundation existing problems and defects of the marital property system is the following;The third part, the third part and the fourth part is the center of the paper. The third part pointed out the existence of marital property system of our country, there are about two aspects from the agreed property system of statutory marital property system of husband and wife;The fourth part, in view of the above the problems in legislation, proposes the suggestion of legislation on marital property system of our country, is a clear statutory marital property belonging to solve the conflict of laws, is very legal property system, perfect couples are entitled to common property rights, clear regulations of marital property agreement, setting time and the effective elements of husband and wife the agreement property system registration system, increase the set of marital property system change and termination procedures.