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Research On Disputes Over Invalid Marriage Property

Posted on:2020-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:S T G HaFull Text:PDF
GTID:2416330596492144Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of the times,socialism with Chinese characteristics has entered a new period,and family trial has gradually evolved into new features.In the past quite a long time,whether to grant divorce is the most difficult issue in family trial.At present,the disposal of property ownership and division,debt sharing and inheritance has become the most difficult and complex issue,and the relevant provisions account for a large proportion of the judicial interpretation of marriage law.There are two main reasons for the above problems: first,with the improvement of people's living standards,free marriage has been deeply rooted in the hearts of the people,and people gradually play their individual role in marriage,thus changing their views on traditional marriage;second,with the complexity of people's economic life,the characteristics of family property also reflect a variety of characteristics.Faced with this fact,many western countries have formed a set of relevant legal systems,which guarantee the personal and property relations between the parties.However,the adjustment of this phenomenon in our legislation is very scarce,especially the problem of invalid marriage and property relations is becoming more and more prominent.The corresponding laws are very scarce and not targeted,which has gradually become an urgent problem to be solved in the current society.It is also a practical problem facing the judicial organs at this stage.In judicial practice,judges have many difficulties in dealing withsuch problems.Therefore,this paper will start with introducing cases and putting forward corresponding problems,draw lessons from foreign laws and regulations on the disposal of invalid marital property disputes,and put forward suggestions to improve the disposal of invalid marital property disputes in China,focusing on property ownership and division,debt sharing and inheritance.Although the parties to invalid marriage are not protected in terms of personal rights and do not enjoy the rights and obligations between husband and wife,in terms of property,reasonable interests should be fully protected in order to safeguard social fairness and justice.
Keywords/Search Tags:invalid marriage, property ownership, debt sharing, Inheritance
PDF Full Text Request
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