Research On The Very Legal Marital Property System From The Perspective Of The Civil Code

The very legal marital property system refers to a marital property system in which the original marital property system is changed to the separate property system and the separate property system under the premise to maintain the disposition of the property.In the economic,social and cultural development at the same time,the social principal contradiction is changing,the number of family property,emotional separation,husband and wife one does not fulfill the maintenance obligations,husband and wife one abuse common property management,the current marriage system and the civil code article 1066 about marital division common property system of two closed terms can not completely solve the problems of judicial practice.How to restrain such behavior so as to protect the legitimate rights and interests of the parties and the family stability is an urgent problem to be solved in China’s current marriage law,that is,it is necessary to build a very legal marital property system to regulate the abnormal reasons.Very legal marital property system for the parties under the premise of maintaining the status relationship,when abnormal reason,provide division of marital common property legal basis,timely relief of the property rights of loss and prevent damage,its beneficial to remedy legal loopholes and perfect the husband and wife property system,to protect vulnerable groups,promote family harmony and stability,safeguard the social transaction security.The research on the special legal marital property system is mainly analyzed from the following four parts:Part 1: Overview of the basic theory of the very legal marital property system.From the concept,characteristics,properties and production sources of the article to illustrate.Part 2: The necessity of the very legal marital property system.The construction of the system is conducive to protecting the interests of husband and wife and creditors,while playing the role of maintaining family stability and protecting vulnerable groups,and is also conducive to making up for legal loopholes and improving the marital property system.Part 3: The extraterritorial legislation of the very legal marital property system.The chapter first evaluates and analyzes the legislation of various countries,and then draws on the legislative experience from the aspects of type model,subject qualification,application situation and legal effect.Part four: China’s very legal marital property system legislative conception.This chapter mainly puts forward some suggestions for the construction of a very legal marital system in China in five aspects,such as type model,subject qualification,application situation,legal effect and the improvement of the separate property system.