On The Legislation Study Of The Property System Of Extraordinary Couples In Our Country

The parties to the marriage usually share,control,and dispose of marital property,and work together to manage the marriage life.But in real life,it is unavoidable that the relationship between husband and wife deteriorates,and one party infringes on the legal property rights of the other.The current marriage law and related judicial interpretations provide relief channels based on divorce.Although Article 4 of the Judicial Interpretation of Marriage Law(3)has some defects,such as too narrow application,too strict application conditions,single qualification of claimants,and too general provisions on the protection of creditors’ rights and interests.It has for the first time to establish the legal provisions on the division of property within marriage in China,which is a preliminary attempt to construct a exceptional marital property system in China,and provides some legislative ideas for the construction of the system.The exceptional marital property system is a system under which a specific applicant applies for separate property in a marriage when special reasons stipulated by law occur without dissolving the marriage relationship.It plays an irreplaceable role and value in improving the legal system of marital property system in China,realizing the legal remedy of the injured party in marriage,maintaining the harmony and stability of marriage and family life,and balancing the interests between husband and wife and the third party.Therefore,it is necessary to deeply study and construct our country’s exceptional marital property system in accordance with China’s legislative conditions and current situation.As a relief system to adjust the marital property relationship,the exceptional marital property system should be guided by equality between men and women,safeguarding the property rights of the vulnerable party in the marriage relationship,and taking into account the interests of third parties and minors and other guardians principles,and guided by the principle of fault damage.When it happens 1.The couple separated because of a bad relationship;2.A spouse has been declared missing or has been declared a person with no or limited capacity for civil conduct;3.The property of the husband or wife is insufficient to pay personal debts or the property of the husband and wife is insufficient to pay joint debts;4.The husband or wife legally controls the property,and the other party refuses to consent without justified reasons;5.One spouse mismanaged the common property or disposed of the common propertywithout the consent of the other party;6.The husband and wife fails to perform their due family obligations;7.When a spouse is punished for special statutory reasons such as fines or confiscation of property due to wrongdoing or other major circumstances,the husband or wife and their legal agent or legal creditor shall apply to the people’s court,the court examines and divides marital property in accordance with specific rules on the division of property,as a result,the legal effect of the conversion of the original marital joint property system to separate property system.At the same time,the application result will have the corresponding legal effect on the relevant third party after the application is publicized.The termination of the exceptional marital property system shall be divided into:automatic termination when the relationship between husband and wife is terminated,and termination upon application when a specific cause disappears,an application is made by the husband or wife or both parties to the court that made the original judgment,the court made a judgment in accordance with the law and declared to terminate the application of the system.As for whether the application of termination has effect on a third party,it still depends on whether the third party knows or should know.Since the interests of third parties and minors and other guardians will be involved in the construction of this system,it is necessary to add related supporting systems such as the marital property publicity system and the mandatory joint property system.While making the structure of the system more complete,it can better protect the legitimate rights and interests of third parties,minors and other guardians.