A Study Of Legislation On The Special Community Property

Since china reformed and opened up,personal properties have been increasing,the property relations between husband and wife have also been more complicated.There has been relatively mature legislation on special matrimonial property regimeamong French, Germany, Switzerland, and Italy and so on. This master’s thesisanalyses those four countries’ legislation on special matrimonial property regime inorder to drew lessons from them and perfect our country’s matrimonial propertyregime. The paper divides four parts:The first part sets forth the basis content on special matrimonial propertyregime. This part introduces the concept, connotation, feature and the value why ourcountry needs to set up special matrimonial property regime.The second part narrates social problems because of our country missing andlacking of special matrimonial property regime. This part does not analyze ourcountry’s present legislative situation about special matrimonial property regime, butalso take several practical problem examples because of missing special matrimonialproperty regime in our country.The third part compares Chinese and foreign legislative situation and systemson special matrimonial property regime. This part introduces special matrimonialproperty regime among French, Germany, Switzerland, and Italy. At the same time,the author inducts their characteristics on special matrimonial property regime,commenting their advantages and shorts.The fourth part puts forward legislative idea about establishing our country’sspecial matrimonial property regime. Firstly, this part introduces legislative review onspecial matrimonial property regime. The author thinks system’s establishing shouldbased on explicit main framework. This part designs main framework includinglegislative philosophy, legislative locate which conform our country’s situation bycomparing four countries’ special matrimonial property regime. Secondly this part comes up with principle about establishing special matrimonial property regime.Finally, the essays introduces this system’s main contents, including legalese,exclusions, applicable applicants’ eligibility, applicable program, applicable force oflaw and the revocation of special matrimonial property regime.