The Perfect Path For The Division Of Marital Property In Marriage

With the rapid development of our country economy,people's attention to the relationship of property relationship in rising,followed property disputes are increasing,if still uses the general of the couple's property system,may lead to family interests is damaged,if there is no appropriate method to solve,could lead to family breakdown.In 2011,the judicial Interpretation(III)of the Marriage Law proposed for the first time that during the period of marriage,one can protect his rights and interests by dividing property without divorce.The Civil Code of the People's Republic of China,which officially enforced on January 1,2021,clearly stipulates two legal reasons for the division of property within marriage.Although the legal provisions clearly break through the traditional marriage property can only be divided in the divorce of this bondage,but compared with the complicated reality,China's legislation in this area still has a lot of deficiencies,far from solving the needs of modern marriage and family life.This article from the following three parts to China's marital division of marital common property system.The first part presents the fundamental theory of marital division of common property system.This part includes the dispute on marital division,the connection between separate property system and marital division system,the variation of legislative attitude and the basic principle of marital division.The second part introduces two ways of exercising the right of property division in marriage: one is the agreement between husband and wife,that is,signing the agreement of property division in marriage;Another kind is the division of marital property legal exercise,in the chapter on Civil Code as prescribed in paragraph 2 of article 1066 of the detailed explanation,and pointed out that China's marital divide common property of husband and wife limitations,mainly in the scope of the division of marital property is not clear,request reason not comprehensive,lack of protection of creditors,division of property law of the effect is not clear.The third part is based on the inadequacies of the marital division of marital common property system in China,the author gives corresponding suggestions,including clearly defining the scope of marital property division,increase the legal grounds for dividing property within marriage,perfecting the protection of creditors' interests and complementing the result of marital division.In order to make legal workers in dealing with the marital division of property cases have laws to rely on,the author thinks that marital division of marital common property system still needs to be refined.It is hoped that the legislators of our country will continue to pay attention to the problem of property division within marriage and make the system more perfect.