The Marital Property System And The Perfection Of Our Country's Marital Property System

Non-conventional Statutory System Concerning Marital Property refers to the husband and wife's request to the court for the application of the separate property system when the legal situation occurs during the duration of the marriage relationship.However,the current joint property system of the spouses can not solve the problem that the property of the other party is damaged due to the failure of one party to fulfill the maintenance obligation and improper disposal of the joint property under the premise of divorce.Non-conventional Statutory System Concerning Marital Property is set up to make up for the limitation of the general marital property system,which is not only conducive to the protection of the couple's personal property interests,but also conducive to the maintenance of social interests.However,there is Non-conventional Statutory System Concerning Marital Property in China's current legislation.Although the marital property analysis clause has considerable value,allowing certain conditions to divide the property during the marriage relationship,which lays the foundation for the conjugal unusual property system,it can not be compared with the conjugal unusual property system.In China,when formulating the marital unusual property system,we should not blindly copy foreign legislative provisions,but should combine with China's national conditions.In addition to clear applicable legal circumstances,supporting procedures should also be set up,including the establishment of the announcement period to meet the requirements of the third partys declaration of its legal property and the establishment of the cancellation system of the marital unusual property system.