Study On The Joint Property Of Husband And Wife Range

Marital property is the material basis of co-creation. Clear property scope, whichis beneficial to reduce the family economic friction, promote family harmony. Withthe development of social economy and change of people’s values, the kinds ofproperty has become increasingly diversified, the scope of marital property disputesare more complicated. Our current "marriage law" and three judicial interpretationalthough clearly define the scope and boundaries of marital property and personalproperty, and provides the beneficial guidance for judicial practice, but due to theshortcomings of some clauses and the deviation on the understanding, still causedchaos in the applicable law and scientific debate.China’s marital property system is consisted of the legal property system andagreed property system.Based on our basic national conditions and cultural tradition,legal property system in our country is adopting income together after marriage, thisarticle just discuss the legal scope of common property of husband and wife. The texthas two chapters.Chapter1introduce the basic rule of getting husband and wife common property.We focus on the connotation and change of "concerted efforts" rule, we also discusshow to affirm the belonging of property when husband and wife are separated but notdivorced.Chapter2we analyse four controversial problems based on the new marriage law interpretation and foreign legislative cases, including income belonging problem ofintellectual property rights, the ownership of income after marriage resulted frompre-marital property, the ownership of husband and wife donated or inheritingproperty,and whether Diploma, license, household chores should be classified intothe scope of common property of husband and wife. We reviewed difficult points ofview between scholars and analyse the deficiency of the current and law andconcerned judicial interpretations. We hold the view that "concerted efforts" rule is thebasis when determining the scope of jointly owned property, but our culture traditionand the concept of protecting vulnerable group should also be taken intoconsideration.