The Study Of Exceptional Marital Property System

Exceptional marital property system provides that the original property system which is in conformity with law or the couples have agreed in accordance can be separated by the court according to the provisions of the law or on the basis of the applicant's applications,but without the ending of their marriage when there happens to be some particular juristic reasons during their marriage.The present Marriage Law in China only provides the usual legal property system,but not provides the exceptional marital property system.The third judicial interpretation of the Marriage Law from the Supreme People's court in Jul.2011 has provided the stipulation that couples can distribute their marital community property under legal conditions,this regulation is a major breakthrough in legislation of marital property system in our country,indicates that China's construction of exceptional marital property system have entered a better stage.But this is not enough to deal with all kinds of new problems appear frequently at the present stage of marital life in our country.There is still many cases that the law cannot maintain couples or the third person's legitimate rights which brings great trouble to the judicial practice such as the couple separated or a spouse infringement of the rights of third parties.A scientific and normative legal system should actively respond to the social demand and keeping up with the change of the times.The exceptional marital property system covers many problems that may be happened in marriage and family life maintenance of family harmony and worked well on keeping the family harmony and balance the profit between the husband and wife with the third person.So it is necessary to do further research and construct the exceptional marital property system.This article appears some controversial cases in real life as the starting point,analyzed the necessity of the construction of exceptional marital property.Investigated some typical legislation case in other country,and then put forward the construction of the legislation conception of exceptional marital property system in China combined with China's reality.This paper is structured as follows:Part one,put forward the problem.This part started by a typical case which the second instance provide an opposite judgment to the first instance and then lead to the regret and the necessity to construct the exceptional marital property of the current marital property system in China.Then analyzed the fourth regulation of the third judicial interpretation of the Marriage Law,and then elaborated the background and the present application situation.The author not only affirmed the positive significance of marital property division in the change of the marital property system in our country,but also clarified its inherent defects of lack of institutional support for the system in the face of complicated marital property issues in real life,the add to the exceptional marital property system is still urgent.Part two,the theory elaboration of exceptional marital property system.This part mainly introduces the exceptional marital property from the aspects of its concept,features,legal basis and the legislative value.This part defined the concept of exceptional marital property system at first,then expounded its concept,features and legal basis and discussed its legislative value by two aspects of social function and the legal value.Part three,investigation and analysis of the extraterritorial legislation of exceptional marital property system.This part introduced the relevant legislation in Germany,Switzerland,France,Portugal,Italy,and Taiwan in China at first and then classified and analyzed from the point of legislative structure,legislative mode,applicable reasons,claimants,legal potency,with the Switzerland legislation system the most rigorous and forward-looking legislation,highlight the mature technology.Besides,described the pros and cons for our reference.Part four,highlights the formulation of exceptional marital property system in China.Spread from two aspects of legislative path and contents of the exceptional marital property system,put forward the own construction design from applicable reasons,claimants,applicable procedures,legal potency and termination.Then come up with the idea that we should be fully aware of the current situation and constructed on the basis of the experience of foreign legislation on the essence on the legislation of exceptional marital property system in our country,in order to formulate a well system,to coordinate the relationship between the wealth of the spouse and the profit of the third people,maintain the stability of family harmony and market transaction security.