Study On The Division Of Family Common Property

Family members are not only the dominant subject of family property,but also the creator of family property.Clear and orderly relationship of family property is an important guarantee that family property can play a vital role in family production and life.However,in the academic environment where there is always show that marriage comes first over a family for a long time,the research on the theoretical issues related to the community property of the family lags behind the research on the community property of the husband and wife.The relative lag of the research on family community property fails to provide a reference for the treatment of many complex problems encountered by family members in family life.At the same time,the number of lawsuits arising from the division of family community property is still huge,and it is still an important problem of judicial trials.This article meets the requirements of theoretical research and trial practice,and discusses related issues related to the division of family property.In addition to the first part of the introduction,this article is divided into four main parts.The first part is the introduction.This section mainly introduces the background,significance,research methods,and innovations of the author’s choice of this topic.Through a certain degree of integration of some key research results of many domestic and foreign scholars,they summarized and analyzed the main problems which are faced by the division of family community property.This paper briefly analyzes the importance of the research on the division of family community property;at the same time,based on the current research status at home and abroad,it also expounds and analyzes the domestic scholars for theoretical research on family community property,and on the basis of that theoretical research and current situation,this paper describes the main problems which are faced by the division of family property at the present stage.Meanwhile with the research results of scholars to pave the way,the theoretical depth of this paper has been improved.The second part is an overview of the division of family property.This section firstly sorts out the research of basic content which is common property of family.Through the introduction,the analysis and research of several main concepts of family common property are summarized.Then it also analyzes the characteristics and the types of family common property,then summarizes and sorts out the characteristics and the main types of family common property through that analysis;finally,the paper sort out and discusses the theoretical disputes about the partition separability and whether there should be a share of family common property.Therefore there is a good theoretical basis is provided for the following discussion and analysis,making the structure of the paper complete and logical.The third part is the cause of the division of family property.This section is an in-depth analysis of the reasons for the division of family common property.Based on the premise of family common relationship,the reasons for the division of family common property are divided into the division under the complete termination of the family common relationship and the division under the partial termination of the family shared relationship.And typed the family common property division in several different cases,and made a typed enumeration.After that,it analyzed the different sources of power and the ways of exercising the right to request for the division of family property.The discussion in this section lays the prerequisites for the following discussion of specific issues in the division of family property.The fourth part is the determination of the scope of the family’s common property and the joint owner.This section mainly discusses the scope of family property and how to determine the family property owner.In the division of family property,the accurate identification of the scope of the common property and the co-owners of the family property is the basis for accurate division.This section begins with an analysis of the general method of determining the scope of a family property in common and continues with an in-depth discussion of the special issues involved in determining the scope of the family’s common property.Then,based on the general principles of determining the identity of the co-owner,the author analyzes how to identify the identity co-owner of limited capacity and other special groups.The fifth part is the division method and share determination of the family’s common property.After the foregoing discussion,certain conclusions have been drawn on the determination of the scope of the family’s common property and the scope of the common person.In this section,we will discuss the method of dividing the common property of a family and related issues in determining the shares of each co-owner.First of all,different methods of division of different types of family common property are discussed,and the new methods of division of real right of family common property also be discussed.Then,it discussed the impact of the family contribution on property share,the impact on property share during the term of the tenancy in common,and the impact of the vulnerable family members on the property share,all of these are determined.