matrimonial property regime is to provide
marital property relations as an important legal system , which includes pre-marital property and marital ownership of property acquired after marriage,
Management , use, income, sanctions and closely related to this debt settlement, division of property upon termination of marriage and other issues. It's perfect or not a
country of
society progress, economic development and the legal system a lot of influence, has always been the attention of national legislation. China's Marriage Law, Article 13 provides: China's current situation shows that since the implementation of the Marriage Law, the legal division of property made to couple the main system of common property, the protection of our
socialist the stability of marriage and family relations, to uphold gender equality, improve marital relations, and promote family harmony and happiness and the protection
women rights and interests play an important role. But we also see that China's current marital property system is a socialist planned economy in the context of the prevailing value of
attitudes and behavior patterns to develop, reflecting the more prominent simplistic, idealized egalitarian ideology. In
market economy conditions, due to the social background of the ever-changing, increasingly complex and diverse relationship between marital property, marital property system in the nature, type, scope and other aspects of running the operation has undergone tremendous changes. In particular, people's values change, self-awareness and a
human rights the growing awareness of benefits, making the existing system of marital property can not meet both the needs of social and economic development, it is difficult to adjust development changes in the property relations of husband and wife, they can not protect citizens of the individual ownership of property, protection of civil rights to property a reasonable exercise. Meanwhile, China's current system of matrimonial property and the contemporary world is also the direction of the development are not the property line, which makes the improvement and development of China's current marital property system is imperative. This paper from
theory and
practice on the matrimonial property regime in China a few questions to make a study, in order to facilitate improving and perfecting our system of marital property.
a husband and wife separated during the property should be recognized as personal property
so-called marital separation is marital property during the duration of the relationship, both husband and wife because of emotional discord, separate living life in the property acquired during their . Highest
People the court jointly owned property. In the division of property, each administered separately, the use of the property owned by their respective owners. Significant differences between the two sides of the division of the property,
mulberry bags uk, the difference from more than one property was equal to the difference between the property and compensate the other party. In practice, we often encounter such a case: the couple separated a long time, feeling the brink of breakdown, not the mutual obligations of any couple, but relations between husband and wife in name only, divorce is the obvious outcome, it is just a legal formality. If the time is still one proceeds to be divided as jointly owned property, obtaining property by one party is clearly unfair. Separation system in the implementation of the country, do not generally use the home during the matrimonial property system of separate property, that is, pre-marital property and marital home after marriage do not remain with property acquired during the couple their respective owners. China's law on the separation system has not yet provided, but no marital relations and long-term separation of the phenomenon exists. Both husband and wife in the dissolution of the marriage has not been the case of each other over other home, independent living, long-term contact with, or even completely cut off contacts, relations between husband and wife in name only. In this case, from the marital property relations, the parties separated husband and wife during the labor income or other lawful income and income with those of some property purchased by the parties were husband and wife own possession, use, disposal. Although during this period remained between husband and wife relationship between a kind of identity, but their financial, property, life link is interrupted, the couple is all property acquired in a separate state. Thus, according to the special nature of such property shall be the property of the husband and wife separated during all identified as individual, personal property. This is not only Of course, taking into account differences in both men and women, from women's rights, care of the innocent party of principle, can be no or only a small income and life is indeed difficult one to make protective provisions, to share parts of the separation part of the property acquired during the period, in order to achieve this type of property are reasonable and lawful processing.
Second, the spouses due to inheritance and property acquired by the recipient, should be recognized as personal property
Supreme People's Court : regulations and inheritance law, the relevant provisions of civil law is contradictory,
tods shoes outlet, and it is not realistic.
our inheritance in two ways, namely, the statutory intestate succession and inheritance. Intestate succession is the will of citizens to dispose of their lawful property in the form of a model, which is an important law citizens have civil rights. Whether to set up a will and who will inherit the estate, how much each heir inherits entirely by the testator to decide. It is a unilateral legal act to be a civil ceremony, reflects the testator's true intention. As long as the testator will not cancel in the lack of ability to work nor the source of life should inherit the share of the heir, the law allows it to his will to dispose of their legitimate property. The couple's property as a Fangji Cheng is the duration of the marriage both spouses all become, which is equal to a will to change the contents of part of the estate will be transferred to the ownership of a person other than the designated heir, which is clearly contrary to the will people's wishes. Heirs receive the estate by will, you get ownership of the property, whether the property as husband and wife jointly, must obtain the consent of heirs, or is the law, at reasonable barrier. Is the legal successor of the successor in accordance with the provisions of law directly the scope of the order of succession, estate distribution, etc. inherit an inheritance system. In China, the scope of inheritance to heirs of two provisions of the order of succession: spouse, children, parents; brothers and sisters, grandparents. This shows that China is not the daughter, son-ranked legal heir of the column. Widowed daughter in law only provides for public, woman, widowed son of the father,
true religion outlet, mother to do a major maintenance obligations, the only heir as the first order, in addition, they are not directly the right to inheritance, that is, of course,
herve leger skirts, obtain ownership of the estate. If a Fangji Cheng property as jointly owned property, the ownership of the other course, this is undoubtedly the heir apparent expansion of the scope of fact, and contrary to the spirit of the law. Its essence is based solely on the existence of marriage, will inherit the narrow side of the right to inherit half of the course to give the other party. Therefore, since the law of succession does not give the decedent's daughter,
Salvatore Ferragamo outlet, son-ownership of direct access to its heritage status, the marriage of the spouses by the other inheritance and ownership of course made some of its provisions, making the two methods of identification on the same property ownership conflict. Therefore, one spouse property acquired by inheritance should be recognized as personal property, only when the property the couple live together due to the long-term co-management of both parties, use and protection of, or consent by the successor party, be regarded as jointly property.
TAG Tag: matrimonial property legislation in China to think
Matrimonial property system of China's Legislation
our matrimonial property regime of Legislation
Zhouzuo Bin / Shi Weimin
Zhouzuo Bin Shi Weimin, Shaanxi Institute of Economic
Trade Law series
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