The Research On Spouse Property Relations During The Time Of Separation

The separation of husband and wife is a special period during the existence of a marriage relationship,with the characteristics of transitional period and dual results.Both husband and wife may be reunited through a broken mirror,and may also move towards divorce.During the separation period,although the marital relationship has not been resolved,during this unstable marital relationship,separation brings many uncertain factors to the marital property relationship.If you still adhere to the marital property rights and obligations under the form of marriage,it is likely to damage the property rights and interests of the other party of the husband and wife,which will inevitably lead to unfair results.Therefore,whether the property rights and obligations of spouses during separation should be impaired has important theoretical research significance and practical application value.On the one hand,it can enrich the content of China’s "Civil Code-Marriage and Family Code",on the other hand,it can provide guidance and norms for the property relationship between husband and wife,and provide legal basis for judicial organs to handle disputes over separation of husband and wife.The essence of marriage is the combination of men and women with the goal of living together,and the separation of husband and wife can lead to the deterioration of marriage.Due to the loss of the foundation of the common life of couples,the degree of fulfillment of obligations between many couples has also undergone substantial changes.Therefore,separation should have a derogatory effect on the property rights and obligations between couples,which is manifested in three aspects: the conversion of the legal common property system for the separation of spouses,changes in the rules for the assumption of debts between spouses,and restrictions on the legal inheritance rights of spouses.The legal property system during the separation of husband and wife should be transformed into a separate property system.The joint property system meets the needs of couples to live together and establish a benefit sharing mechanism for property.The separation of spouses has led to the breaking of the benefit sharing mechanism,lacking a theoretical basis for continuing to apply the joint property system.The "personal departmentalism" legislative development concept of the marital property system,as well as the principle of property justice for couples,provide a theoretical basis for the legal effect of property system conversion resulting from marital separation.Both emphasize the protection of the individual property rights and interests of couples.Based on this,it is more reasonable to implement a separate property system during marital separation.During the period of separation,the debts incurred by the couple in their personal names shall be presumed to be personal debts of the couple in priority.The current rules for determining joint debt between spouses are based on a stable cohabitation and co-wealth relationship,while the separation of spouses has disrupted the internal mechanism of determining joint debt between spouses.Therefore,correctly identifying the nature of marital debt is conducive to maintaining transaction security and protecting the property rights and interests of both spouses.During the period of separation,the legal inheritance rights of spouses should be appropriately restricted.The spouse’s legal inheritance right has the purpose of satisfying the basic functions of marriage and family,and conforms to China’s traditional family ethics and culture.However,the separation of spouses has shaken the foundation of spouses’ inheritance rights.To restrict the inheritance rights of spouses during the separation period,it is necessary to adhere to the basic principle of inheritance law that integrates rights and obligations on the basis of continuing to play the family function of providing for the elderly and raising children,and maintaining family order.It may be considered to exclude the legal inheritance rights of spouses for a limited period of time after retaining their share of maintenance obligations and the share of life of minor childrenprotection of the individual property rights and interests of couples,so it is more reasonable to implement a separate property system during marital separation.