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Of Statutory Marital Property Regime

Posted on:2014-11-10Degree:MasterType:Thesis
Country:ChinaCandidate:C H DuanFull Text:PDF
GTID:2266330422966989Subject:Law
Abstract/Summary:PDF Full Text Request
People’s material standard of living has been greatly improved with thedevelopment of China’s socialist market economy. Not only the parties to the contract,and even accompanied to the old husband and wife have a clear requirement ofproperty ownership.A national social stability and economic and healthy development are closelyrelated to the husband and wife legal property system. Matrimonial property relationsis the core of marriage and family relations. Today, the weakening of the identityrelations and property of the strengthening relations make us have to pay moreattention to the interests of property between husband and wife, and also pay moreattention to the couple statutory property regime.Statutory marital property is maturing after a long development and evolution,and its position in the legal systems of the world is becoming more important too.And we must also see that there are still many urgent need to improve the place. Tothis end, the author combined with China’s current national conditions and socialbackground from the point of view of domestic to comparative analysis on the basisof the integrated use of literature research, descriptive studies, lessons learned andqualitative analysis on statutory matrimonial property regime research and discussion,presented their views and opinions.This thesis is divided into four parts. The first part of the paper is to Introduce thebasic theory of the statutory matrimonial property regime macro; second part is thecomparison of the developed countries on the statutory matrimonial propertylegislation; third chapter is to Explore our statutory matrimonial property regime;fourth part, to put forward my perfect views. The main contents are as follows:The first part, to study the basic theory of the statutory matrimonial propertyregime. This section explains the concept, characteristics and classification of thestatutory matrimonial property regime. I believes that the study of any legal systemshould first study the basic theory of the system, only a correct understanding of the theoretical basis of the legal system and ready to grasp a better understanding of thelegal system.The second part, to study the system in the legal systems of the world’s majordeveloped countries. More and more couples families at the time of the conclusion ofthe marriage Marital Property System, the countries in the world in their marriagelegislation for statutory matrimonial property provisions are generally given a veryimportant position. The legal system of the world in their own development, whilealso constantly convergence statutory matrimonial property regime is no exception.The study of foreign advanced the legislation, not only to improve their owntheoretical basis for the construction and improvement of China’s legal system, butalso to provide first experience. Therefore, I believe that the statutory matrimonialproperty regime is necessary to go to learn and explore foreign advanced thelegislation on the legal system.The third part, to study our current Statutory Marital Property System Overview.This part introduces the historical development and the main content of StatutoryMarital Property in China, and on this basis to analyze the successes andshortcomings of the current Statutory Marital Property system.The fourth part, to Put forward a sound proposal. We need to pay attention tosome problems in the process of improving our current Statutory Marital PropertySystem, as well as on the basis of the above three parts to put forward some opinionson perfecting marital legal property system.
Keywords/Search Tags:statutory matrimonial property regime, jointly owned property, maritalpersonal property
PDF Full Text Request
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