Research On The Legal Issues Of Return Of Marital Property

Since ancient times,there has been a traditional marriage custom that the man party pays the contract property to the woman party,which is commonly called "bride price" among the people.This custom has played a key role in the process of the marriage relationship between the man and the woman.Although Code civil code matrimonial code de la famille interpretation judiciaire(1)article 5 has provisions on the return of marriage property,it is difficult to handle complex and diverse disputes of marriage property effectively in the current judicial practice because the provisions of the judicial interpretation are too general and not detailed enough.By empirical analysis,the cases involving the return of engagement property after the civil code came into effect,sort out the main problems,and analysis of the basic theory of engagement property in order to provide a better way to solve the dispute of return of engagement property,including the following contents:The first chapter explains the basic theory of contract property restitution,including the concept characteristics,categories and legal nature,and analyzes the basis of the right to claim contract property restitution.The second chapter analyzes the contract property restitution case and analyzes the disputes and the reasons in the contract property restitution case.The third chapter is to Germany,Switzerland,the United States,Chinese Taiwan and Chinese Macao comparative law investigation and enlightenment;The fourth chapter is based on the analysis of the previous three chapters,put forward the legal thinking of improving the legal rules of the return of the marriage contract property: clarify the principles that should be followed in dealing with the marriage contract property disputes: the principle of respecting local customs,the principle of fault liability.There are the following points on the concrete path of perfecting the return of the marriage contract property: make clear the scope of the return of the marriage contract property and the identification standard of the return situation;Clarify the subject of litigation;Establish the fault offset rule;It is clear that the return of marital property can adopt the burden of proof mechanism of inversion.In order to solve the dispute of engagement property restitution encountered in theory and practice.