On The Community Property

This text passes the analysis to the meaning of marriage and the characteristics first, the derivation becomes because the marital relationship really signs of bed and board, this kind of relation not only includes Human body aspect a relation, but also includes the relation of property. Among them, the Human body relation is main and predominates position, property relation with Human body relation of existence is antecedent of, is what send livings combine from belong to a Human body relation, but the property relation have a necessary function, handling to influence husband and wife's both parties' affection not and very directly, even influencing marriage family of harmonious stability, influence further a society of stabilize prosperity and harmonize. Pass to relate to husband and wife's property secondly of elaborate basic type and our country of the derivation husband and wife's property system current husband and wife's property system norm husband and wife common property and the present condition of thing personal. our country current husband and wife's property system takes legal property system as corpus, taking agreeing on property system as a kind of method of complement. 2001《marriage method》the emendation ruled husband and wife the scope of the common property definitely behind, perfect the husband and wife agree on property system, increasing to establish husband and wife personal have property system especially. Pass again an inside husband and wife common property part of to the husband and wife's property system of analysis, Such as current husband and wife the meaning, characteristic, property, scope of the common property, And the husband and wife's common property affirm, husband and wife to common the right of the property elaborate, and to common the property dispute handle etc. the analysis of[with] the aspect existent problem, combine oneself some divorce case that meet usually in the judgment fulfillment husband and wife's common property to concretely affirm with partition of concrete case, launch to elaborate analytical argument one by one. The point puts forward and analyzed husband and wife to live separately a period to gain a property to affirm, the law protection of invisible property, property expectation the maintenance of[with] benefits, the husband and wife's common obligation affirms, buying to break a work age style, the property adds a problem of attaching etc., want to resolve these new situations to descend the new complicated problem for appearing carefully, depend on alone《marriage method》I am very difficult to resolve carefully. Personal opinion thinks the processing is these problems, in addition to should from《marriage method》of lawmaking spirit and lawmaking are worth mindset consideration, have to also with《contract method》,《company law》,《go into partnership a business enterprise method》,《individual proprietorship business enterprise method》,《keep and raise a method》,《inherit a method》relevant provision and spirit of etc. law laws keep consistent. In the meantime to some new problems, such as Hard affirm to is a problems, such as property or right and visible means invisible conversion...etc., can pass to establish a new allotment principle to resolve while affirming partition to the husband and wife's common property.Pass the analytical argument to these problems finally, put forward the suggestion of oneself to handle a related problem: From further sound and perfect system of these aspects of five aspects and to personal processing opinion of related problem. 1, the perfect husband and wife's premarital and important property register system;2, the property convert of save and discard gains or losses analysis;3, the husband and wife's property expect the protection of power;4, personal restriction which have property scope especially;5, build up husband and wife a common property management system.