Research On The Problem Of Jointly Owned Property

The jointly owned property is the duration of the husband and wife relationship.Except where the individual owns the property and the husband and wife have other agreements,the property acquired by the husband and wife or the other party shall be jointly owned by the husband and wife,and shall enjoy equal ownership of the system.We must properly handle the joint property identification of husband and wife,concern the personal interests of husband and wife and the common life of marriage and family,and involve the third party's property interests and transaction security.Therefore,it has always been the focus of discussion in the academic community and judicial practice.In the first part of this article,the effects of the joint property system of different couples and different choices on the joint property determination of the husband and wife are introduced.From the perspective of the legal provisions,the three criteria for the joint property determination of husband and wife are analyzed.Based on this,the author adds the assistance factors according to the theories of the scholars.As a standard of recognition.The second part starts from the perspective of legislation,and summarizes the difference in the legislative provisions of joint property recognition between husband and wife at home and abroad through comparative law,and analyzes the experience of foreign advanced legislation.In combination with our country's legislative practice,we analyze whether it can be adopted by our country.On this basis,we propose that the common property presumption rules in the sense of procedural law should be used as the relevant provisions to replace the original joint property identification of husband and wife.To resolve possible disputes between the common property and personal property that may arise in the future.The third part analyzes and analyzes the judicial practice and the court's judicial guidance that have been clarified in China,and summarizes the relatively well-established judicial guidance opinions based on academic opinions.For the issues,For example,whether the right to expect can be used as a joint property of husband and wife,that have not yet been concluded and are controversial in practice,in the fourth part,through typed research,it is explored whether the right of expectation should be incorporated into the joint property system of husband and wife.Analyze the intellectual property and stock options by the method of logical reasoning and analyze the property interests that are more controversial in academic circles,and study whether the expected benefits of the two categories should be recognized as joint property of husband and wife.Specific to each chapter,combined with comparative research methods and empirical analysis methods,On the one hand,it compares the academic disputes at home and abroad,and on the other hand,from the perspective of logical argument,explores the issue of the attribution of the expected benefits of the two.Finally,the study argued that human capital and other intangible assets were identified as the joint property of husband and wife and the controversy in judicial practice was resolved.