Research On Division Rules Of Marital Common Property

At present,due to the rapid development of economy,people’s living standards improve,more and more attention to the management of property.Whether it is personal property or common property,the property owner has a strong sense of property management.In daily life,the husband and wife often have conflicts due to the management and distribution of common property,and usually adopt litigation means to protect individual property rights and interests.At present,most families implement the legal community property system,and the application of the marital community property division rule is the legal means to break the legal community property system.The marital common property division rule was originally used as a judicial interpretation to adjust the marital common property division behavior.With the introduction of the Civil Code,this rule was incorporated into Article 1066 of the Marital Code,which officially established the marital common property division rule as a system to adjust the marital property.Therefore,the purpose of Chinese legislation is to maintain the stability of marital relationship.Under the premise that the husband and wife do not dissolve the marriage relationship,the party with property rights and interests damaged is allowed to put forward a request for division of common property,so as to better solve the property disputes between the husband and wife and solve the problem of property contradiction.The core content of this paper mainly analyzes the imperfections and existing problems in the judicial application of the division of marital common property rules in China.By reading literature and relevant works,and comparing with the relevant foreign legislation,it puts forward relevant suggestions for the existing problems,so as to make the rule more practical in the application process.This paper mainly discusses the rules from the following four aspects: the first part is the problems existing in the application process of the division of marital common property rules,mainly expounds the existence of five basic problems,including: 1.The scope of marital property division is not clear;2.The legal application situation is relatively narrow;3.Lack of uniform principle of separation;4.The legal effect after separation is unclear;5.Lack of specific protection measures for creditors’ interests.The second part puts forward relevant suggestions according to the problems of unclear scope of marital property division and narrow legal application situation proposed in the first part.The third part is aimed at the lack of unified principle of separation and the problem of legal effect after separation.The fourth part puts forward the clear protection measures for the creditor’s interests in the division rules of marital common property,so as to enhance its operability and better solve practical problems.