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The Marital Property Regime In China

Posted on:2011-04-24Degree:MasterType:Thesis
Country:ChinaCandidate:X J JiFull Text:PDF
GTID:2206360305998116Subject:Law
Abstract/Summary:
Marriage property system, also named as husband and wife property system is a legal system which stipulates the belonging, management, use, benefits and disposition of the property before and after marriage, discharge of debts, and liquidation of property when the marriage is dissolved. Marital property system is of most substantive significance in marriage law and has been attached importance to by marriage and family law of most countries worldwide.This thesis is composed of five chapters apart from the introduction and conclusion.The first chapter is a brief understanding of Marriage Property System, which introduces the basic connotation and value of Marriage Property System, so that we may clearly understand the necessity of Marriage Property System. The second, third and fourth chapter probes into the core of the rules, they includes Statutory system concerning marital property, Personal property system and Contractual property system; The fifth chapter makes a deep analysis of the above problem in theory and point out the defects of rules. Finally, some reasonable suggestions will be made by weighing the advantages and disadvantages of the subject in current situation.The main aim of this thesis is to discuss the above problem in theory and point out the defects of rules. And then from this point, some legislation proposals should be put forward to the law. Marriage Law of our country in effect has stipulated the marital property system, which combines statutory system concerning marital property with contractual property system.The newly-amended Marriage Law, which laid down a few rules concerning the couples property, has made a big improvement as compared with the old one. However, legislature seems relatively careless about management and disposal of couples property, so it necessary to make a further discussion as to law enforcement.
Keywords/Search Tags:Marriage property system, Statutory system concerning marital property, Personal property system, Contractual property system
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