Research On The Scope Of Jointly Owned Property

With the rapid development of economy,socio-economic,cultural great changes have taken place, the property between husband and wife relationship growing complexity. "Marriage Law" amended in 2001, conform to the requirements of the times, made a specific provisions of Jointly owned property, to a certain extent, filling the gaps in legislation, is China's Marriage Law progress. But, the "Marriage Law" provisions of the jointly owned property in the past been limited awareness of, such as qualifications, such as home intangible property not included in the scope of jointly owned property,and the stipulation is not very also precise. This makes the parties difficult to determine the scope of jointly owned property, and division of property in divorce it is difficult to achieve a fair,just goals. Therefore, the author intends to provide couples are the legal property system, clearly stipulating the common property of intellectual property rights as husband and wife look forward to the property interests, determine eligibility, skills, the nature of the couple's property in common, inherited from the statutory ownership of the property, and other aspects of legislative proposals on how to further Perfection of jointly owned property to define the scope.The first part of the major papers jointly owned property to the statutory scope of a brief overview, and then set on the scope of the couple's property in common sense. First of all, on the country's common property of the husband and wife statutory scope. Grasp the scope of the jointly owned property two criteria: time for the property from the marital relationship continues to exist; property from the couple. "Marriage Law" under Article 17 of the five jointly owned property: 1. Wages and bonuses; 2. production, operating income, 3. income from intellectual property, 4. inheritance or gift from the property, but "Marriage Law", the provisions of Article 18 of the third with the exception of 5 other all that should belong to the common property. Again, from the basic characteristics and the exercise of the two main aspects of jointly owned property and personal property of the distinction between husband and wife. Finally, from a "conducive to the stability of marriage", "adapted to the national conditions of China," "to the safety of transactions" on the three aspects of the couple's property in common definition of significance.Two papers from the perspective of the second part of jointly owned property will be divided into different areas, and a description and analysis. First of all, from the perspective of the nature of the property itself can be divided into tangible property and intangible property. China's new law on the part of the tangible property provisions are relatively perfect, but for the provisions of intangible property deficiencies and gaps still exist. In a knowledge-based economy and intangible assets has been growing and could become the most important property of the society, if the division of marital property also will be limited to the tangible property, it is clearly an era mistakes. Therefore, deepen our understanding of the intangible property as a common property of the husband and wife research is of great significance. Secondly, from the perspective of legislation can be divided into general common system, common system of labor income, from the common system of marriage, and the remaining four types of common property system. Among them, China's legal system for the property from the common system of marriage, marital relations during the time of the husband and wife from the husband and wife jointly owned by all, except as otherwise provided in the law of property system.Papers presented to the third part of the couple's property in common scope of the typical cases and national legislation on China's existing jointly owned property to define the scope of the Enlightenment. First briefed France, Germany, Britain and the United States law, Switzerland and Brazil, and other countries on the couple's property in common requirements. Followed through on the foreign spouses of the common heritage of scoping, summed up the marriage and property of the husband and wife decided to different concepts of property legislation the different positioning, some civil law and common law countries that marriage is a contract, and on this basis decided to focus on the agreed statutory property the status of the property, the scope of the joint property also provides very specific and detailed, and have variability. My marriage from a common system for the legal property system, in certain areas of the couple's property in common rather vague definition of the scope, Therefore, foreign legislation on the very property system, legal aspects, such as inheritance of property derived from the advanced experience we should learn from.The fourth part of the common property of the husband and wife to define the scope of the defects are more comprehensive analysis and sound thinking. Legislative Defects and legislative proposals embodied in a specific area: the marital property system is the status quo should be legislation to fill; clear intellectual property rights as husband and wife should be the common heritage of the property looking forward to the interests of one of the spouses on the qualifications, skills into the common property of the husband and wife; husband and wife from the existing system so that the common heritage of the name of the individual being forced by the husband and wife co-statutory property of the couple's property in common scope of the other issues in these five areas for detailed analysis, and in light of China's actual situation in China by improving the common property of the husband and wife defined in the legislative proposal.In short, the couple's property in common determine the scope of both parties to the marriage, the family members, even if to a third person is of great significance. China on the couple's property in common than the scope of the provisions Although there has been a considerable progress in the past and in a timely manner adapted to the current situation in the field of marriage and family needs. However, as in real life use, and the present "Marriage Law," and gradually can not balance the interests of both husband and wife, often resulting imbalance of the situation, a departure from the concept of a fair and just legal. The author of the "Marriage Law" provisions of the common property of the husband and wife questioned and, in conjunction with successful foreign legislation, and the actual conditions of our country, to the settlement of the legislative proposals, hope that so as to cast a brick to attract jade, cause more experts and scholars to study this problem, in the hope of improving the matrimonial regime of our country as soon as possible, the better one makes due contribution for family's harmony, social stability.