The Construction Of Special Matrimonial Property Regime In Our Country

With the rapidly growth of our market economy, the total amount of matrimonial property rises increasingly, the source of property is more diverse, which leads to marital conflicts and disputes become more sophisticated, and arbitrary violations from one of the spouses occurs frequently, Such as a spouse or hide profligate jointly owned property, have the ability but not fulfill family support obligations, unjustified refusal to dispose of the other jointly owned property, etc. Special matrimonial property regime provides an effective comprehensive solutions, but the current marriage law of our country and not special marital property system, that real life husband and wife property rights and interests of one party or a third person often cannot get effective relief when are violated.Thus, it’s necessary and meaningful to discuss the concept of special marital property system and the value of legislation, and analysis the feasibility and necessity of establishing special matrimonial regime and advocated to establish the system in our country with the feasible experiences and the reality in our country. On the one hand, it can make up the defect of only usually marital property system in our country, and perfect the legal system of the marital property system, increase the flexibility of the law, on the other hand it also maintained the marriage parties and the third person’s property rights and interests, ensure the harmony and stability of marriage and family, and the third person of transaction security.In the design of the content about special matrimonial property regime, should comply with marital harmony principle, the principle of maintaining the security of transactions, balance individual and community interests principle, adopt a centralized model legislation,and put forward the operative suggestions in an active method, start up types and the qualifications of the applicant, legal effect and the termination.