Research On Husband And Wife Personal Property Conversion System

The translation system of husband and wife's personal property is already exist in Marriage law practice. In the nineties of the 20 th century, in the judicial practice in our country has taken the private property of husband and wife because of marriage surviving transforms with full time——the individual property of husband and wife into the rules of the common property of husband and wife. In 2001, the revised marriage law in our country, in due to the violation of a variety of civil law theory and law theory was criticized and abandoned, but the criticism now looks difficult to set up, and contains inappropriate to ignore the comparative on similar system. Especially after the marriage law judicial interpretation issued, a property to add name appeared on the social hot. Compare side by adding name, marital property over a period of time after a certain condition is converted into common property of husband and wife may be more reasonable. This kind of transformation of marital property system at least ensure that the both sides of husband and wife for marriage and family of reasonable expectations,encourage their confidence in maintaining a stable marriage relationship. Therefore the author thinks that it is re_examine the rationality of the transformation of marital property system problem in order to make its can be limited to return to the judicial practice, and further improve the system of the transformation of many of the details.Make it and after marriage income system of mutual complement each other, building common between general common marriage system and the common system of a hybrid nature of the legal system of marital property.