Research On The Transformation Rules Of Personal Property Between Husband And Wife

In order to implement the Marriage Law and relevant laws better,the Supreme People's Court has passed the Interpretation of Several Issues Concerning the Application of the Marriage Law of the People's Republic of China(3)in 2011.Represented by the provisions of Article VII,stipulates provisions seem fairly legal about the property "who pay it,and get it".The judicial interpretation led to the discussion about whom the property should belongs to,and there is a phenomenon appeared in the community that people adding their spouse's name to a property.Because of this,a series of social problems raised,such as the increasing burden of real estate sector and ordinary people,affecting the harmony between husband and wife and even leads to divorce proceedings,and one side gets a large amount of money from the other side by adding his or her name."Marriage Law Interpretation(3)" was originally intended to better protect the inviolability of private property,but it failed.Since the Chinese nation has been advocating that harmonious family can lead to the success of everything,and marriage and family are the basic elements of our social life.A good marriage legal system has great significance to the maintenance of social stability and harmony.The transformation rules of personal property between husband and wife used to be a important rule in the history of marriage laws in China,and the abolition of it is too hasty,which leads to a series of social problems such as the harmony of marriage and family and the increase of divorce rate.In this paper,by study of the rules and strive to promote its return to the marriage law,the author intends to solve the existing social problems.The full text is divided into four chapters:The first part is the primer.By asking questions from the case and pointing out the current social problems caused by the conjugal property system,then leads to the transformation rules of personal property between husband and wife.The second part is the existence and reason analysis of the transformation rules.The third part is the rationality analysis of the transformation rules.This paper introduces the legal provisions of foreign conjugal property system,combining with China's national conditions,to analysis the rationality of husband and wife's personal property transformation rules in China's marriage law system in the rationality.The fourth part turns back to our country.Putting forward the transformation rules of personal property between husband and wife base on China's marriage law legislation.It is hoped that the author's research will be beneficial to the existing marriage and family problems and will alert us to justify more fully and discuss before abolishing the legal provisions.