Research On The Determination Of Matrimonial Common Property

The Marriage Law and its judicial interpretations have had comprehensive stipulations on the determination of the common property of couples.However,there are still many inappropriate places in the existing regulations.For example,in The Marriage Law Interpretation II,the debt owed in the name of the wife or the husband is presumed to be a common debt between the husband and wife;inthe Marriage Law Interpretation III,some of the provisions actually expand the scope of personal property in the marriage.In this paper,firstly I summarizes the current problems of the common property of the couples in China,and briefly describes the value of the common property system of themarriage is to maintain the fate of the couple.Determining the common property and the common debt in the marriage should follow the general principle of synergies.According to the marriage lawand its judicial interpretation,the definition of Matrimonial common property's scope(including active property and negative property)is controversial in academia and society,because certain provisions do not conform to the spirit of marriage union and the principle of cooperation between husband and wife.The rules of confirming common property of the husband and wife,exist some unreasonable places,mainly as follows: First,the fruits,after marriage of the husband's or the wife'sPre-marital property,belongs to the one's personal property does not meet the common property system spirit.Second,the determination of property in separationperiod is tooabsolute.Third,there is no rules aboutthe value of the labor of husband or wife,and the law does not provide whether the value of one party's housework reflectsthe otherparty's intellectual property and the diploma or the certificate of the property value.Fourth,the presumption of matrimonial common debt is omission.The debt,in the name of one party after marriage,is regarded as the matrimonialcommon debt of the couple,that contrary to the principle of fairness.In view of the above problems,I try to put forward the corresponding proposals.First,the fruits,after marriage of the husband's or the wife's Pre-marital property,should be identified as the common property of the husband and wife.Second,determining the property or debt during the separation period should be based on whether there is the principle of cooperation between husband and wife or whether for their common lives.Third,the houseworkof the wife or the husband is valuable.However,for thevalue of housework inflected in the intellectual property rights or the diplomas and qualification certificates,the intellectual property gains that not obtain in the marriageshould not be regarded as common property,and the value of the property embodied in the diploma and the qualification certificatecan not be regarded as a common property.It should be completed through the economic compensation system.Fourth,completing the presumption rules of the matrimonial common debt.Determining whether it is used for the couples' common lives as thestandard formatrimonial common debt.It should presumeto be thepersonal debtin accordance with the Contract Law,if in the marriage the husband or the wife makes an individual external debt in the name of himself or herself.