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Discuss Our System Of Jointly Owned Property

Posted on:2012-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:L QuanFull Text:PDF
GTID:2216330371450528Subject:Law
Abstract/Summary:PDF Full Text Request
System of jointly owned property, also known as marital property system, refers to regulate property relations between husband and wife each other's legal systems, which regulate pre-marital property and marital property after marriage, the ownership, management, earnings, use and disposal of marital property liability of foreign, and the division of property upon termination of the marriage and liquidation of the legal system. Since 1950, Chinese first "Marriage" has been introduced to before the latest "Marriage" judicial interpretation (3) the introduction of China's "Marriage" has undergone several major changes, but from these changes, we found that Every change is constantly promoting equality of the spouses, focusing on the weak side of the family protection.The new century, with the growing independence of modern women, this is not just freedom of independence, is economic independence. Therefore, since 1980, "Marriage" amendment, China's Supreme Court has issued three times on the "marriage" of judicial interpretation. The last is the Supreme Court long ago that August 9,2011 released on application of "The Marriage Law Interpretation of Several Issues (3)" (hereinafter referred to judicial interpretation (3), and since August 2011 will go into effect. This is a new judicial interpretation of the re-defines our current system of jointly owned property (marriage contract from the common property of the system+system) and some specific details, but also more and more people and the media will focus once again pointed at the The new jointly owned property system. This new release from the "Marriage" judicial interpretation (3) requiring the matrimonial property system point of view, its content is very rich, for our country had in the past a number of legal gaps and vacancies up before the judicial interpretation of (1) and (2) some of the deficiencies, but also for all of us nowadays are very concerned about the housing problem of the ownership has done a very good explanation and clear. Of course, the new judicial interpretations (3) there are many of them still need to explore the issue. Further address these issues, China's civil trial practice and social life, have very important significance. Continuous development of society and progress, China is bound to the institution of marriage has also brought many new issues and new challenges, which requires us to "times", in practice, continue to explore, review and improve, the early establishment of China's national conditions perfect marriage of a reasonable system of jointly owned property.This article aims to judicial interpretation (3) under the premise of the center to try to discuss our current system of jointly owned property. Before by several of our "marriage" of interpretation and analysis as well as national judicial interpretation issued prior to (1) and judicial interpretation of (2) the contents of the interpretation to a more detailed analysis of the new "marriage" judicial interpretation (3) some of the inadequacies and relatively progressive place before the law, both judicial interpretation (3) based on the latest real estate related to ownership of a hot issue for everyone to do a reading, hope to provide some more insight of legal researchers and perspectives for our future to better improve the system of matrimonial property to make some personal views and contributions.
Keywords/Search Tags:system of jointly owned property, Marriage from jointly system, Marriage law, Judicial interpretation
PDF Full Text Request
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