On The Status Of The Matrimonial Property System And Perfect

Spouse proerty system, which also can be called Marriage property system, is the legal system about the the adscription, the management, the use, the ingathering, the disposal of the property, is also about the liability burdened on the property, and discharging of the property while the marital relations terminate. The system dose not matter much to the the relationship between the spouse and to the common marital life between spouse, but also to safety of the property transaction of and therefore to the safety of the society. Different legislature puts great attention on the legal system of spouse property, and the system is the important part of modern civil system. There are four parts in this dissertation. The first part deals with the actuality of our system, give a impersonal evaluation of the existent system, about the good and bad. The second part deals with the academic problems of the system, just as the concept, the change of the system, the compare between diverse system such as property absorbing system, uniform property system, share management system, respective property system, community roperty system. Final, giving the conclusion.The second part begins with the evolution of the system in our country after The People's Republic establishment, with the conclution that there are three phases in it, it is from family standard to personal standard, from legal to promise, from stable to dynamic. This part gives attention on the evalution of the system, gives the good and bad aspects of the system. From the framework, comes forth the personal specific property system, changing the unitary system to diversification. From the content, giving the system clear definition and clear border. Now legal spouse property system can only deal with the property after marriage. On the other hand, promissory spouse property system become perfect. Using authorising criterion give promissory spouse property system preferential status, give the system clear scope and the types which can be chosen from. The form of and the effectiveness of the system are also prescribed. With this understanding, the part gives the disfigurement of the system now being used: From the framework, the system now being used has no universal provision; From the content, the Legal Spouse Property System only deals with the normality, and can not deals with the innormality. The system has no management system of the property, and no liability provision and no right to claim to have the compensation, and has no regulations about termination and effectiveness of the system,therefor it is disadvantage to the protection of spouse property and the third party's benefit and the safety of the transaction. On the scope of the spouse property, there are still disuptes, and there are no regulations about the termination and the effectiveness of the system. About the promissory spouse property system, there no clear regulations about the time, the term, the procedure, the effectiveness, and also no about the change, the withdraw of the promise. The system become nominal while disputes arise.Spouse property system is a kind of system related to both identity and property system. The system evolves aside with the whole legal system. While paternity plays a important role, the spouse property system appear a kind of property aborbing system, while the egality between male and female comes, the system appears a kind of community property system. This article deals with the origin, the elements and the development of all kinds of property system, with the conclusion that combination of the respective property system and the community property system is become the prevalent system nowdays of the world.The third part deals with the principle, the spirit of the system put in force in our country, and deals with the necessity and possibility of the reform of the system. The article gives some suggestions on perfect the system, from the practice of our country and the use the experience from other countries for reference. First, add common regulatio...