| With the rapid development of society,the property problems of husband and wife in our country become more and more diverse,the property relations become more and more complex,and the property disputes are gradually increasing.For example,when the husband and wife are separated,the property of the husband and wife is hidden,transferred,and sold.The Marriage Law of China only stipulates the general property system for couples,which stipulates that couples can only deal with property issues during marriage or after the end of marriage.The absence of law has led to people’s inability to protect their legitimate interests in life.Starting from the basic concept of the very matrimonial property system,by examining the more perfect legislation in various countries and regions,this paper tries to analyze the necessity and feasibility of establishing the very matrimonial property system in China,and gives the legislative concept of establishing the very matrimonial property system in China.It is divided into four parts.Part I,Introduction.This paper introduces the research purpose,research significance,research content,research methods,key points,difficulties,innovation points and current research situation at home and abroad.The second part is the research on the basic content of the property of very husband and wife in China.It mainly combs the concept and characteristics of the property system of a very husband and wife and concludes the application and insufficiency of Article 4 of the Marriage Law.The third part,the study of civil law countries and China’s Taiwan,Macao on the property system of extraordinary husband and wife.First,the relevant legislation of Germany,France,Italy,Switzerland,Portugal and Taiwan and Macau in China is introduced,summarized,and then analyzed from the aspects of the content of legislation,and the opinions that can be used for reference in the extraterritorial legislation are given.For the establishment of a very matrimonial property system to provide inspiration.The fourth part,our country very husband and wife property system legislation construction.This paper analyzes the necessity and feasibility of establishing the property system of extraordinary couple in China.This paper analyzes the specific content of China’s legislation on the establishment of a property system for extraordinary couples,from six aspects: the legislative structure and model of the property system for extraordinary couples,the legal issues,the procedures for initiating the process,the scope of the applicant,the legal effect,and the invalidation procedure.In order to improve our marriage law to provide useful reference. |
