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云南省翻譯公司關鍵字：Second, our system of the type of marital property agreement2001 "Marriage Law" Article 19 provides: "husband and wife may agree to marriage, property acquired during and pre-marital property is individually owned, common to all or part of their all, some common to all. Agreement shall be in writing. There is no agreement or agreement is not clear, application of article 17, section 18 of the rules. " Accordingly, in 2001, "Marriage" to determine the contract property in three ways: a common system of general, limited to a common system (or part of the common system) and the separate property system. 1, the general system of common property
General system of common property, marriage is the couple, married couple jointly owned all the property are there, but the specific property other than marital property system. Both husband and wife own property before marriage or after marriage, but also whether movable or immovable, shall be jointly owned by Total, by both spouses equally shared ownership of the property, only the law of property, except as otherwise specifically provided. 2001 "Marriage Law" Article 18, one of the following circumstances, the spouse's property: ⑴, one of the pre-marital property; ⑵, one because of bodily injury get medical expenses, grants and other expenses of life of persons with disabilities; ⑶, or grant contract will determine only the property owned by husband or wife; ⑷, one dedicated daily; ⑸, the other should belong to one party's property. Husband and wife jointly owned property, have the right to equal treatment.
Common property because of the general death of a spouse, the couple divorced, and the agreement between husband and wife used to determine the change permitted by law, matrimonial property and the other end. Regardless of what causes the termination of the general system of common and common property must be divided and liquidation. Special attention to the following two situations: ⑴, the termination of the common property system, if the parties have the burden of debt, and debt should be a determination is made and treatment, can not ignore the handling of the debt; ⑵, the law is one of the spouses of individuals unique property, in any property under the new system are individual property. In general, a common system, in 2001, "Marriage" section 18 property is still listed in the personal property of one spouse is not included in the scope of jointly owned property. Husband and wife to change the use of other property system, according to the property or personal property of one spouse.
2, limited common property systemCommon property system is limited to the parties negotiated a range of property owned by both husband and wife there, there are outside the scope of the property owned by husband and wife own all the property system. This system and the system of marriage from the common difference is the common property of a different context. Common system of legal marriage from the scope of strictly limited to a total of property acquired after marriage, marital property shall belong to individuals. The limited common system, the common property of the range is negotiated by the parties, the parties can pre-marital property agreement for both sides there can also be part of the property agreed to be married there.
Limited common property system, including the termination of consensus by both husband and wife, for some reason one of the spouses died. Mutual agreement by the husband and wife, duration of marriage, termination of marriage, the parties can legally limit the common property system, switch to change the use of other marital property regime. Voluntary termination of limited common property of husband and wife after the system to deal with common shared property, including claims and common joint segmentation and debt liquidation. On the other hand, for some reason one of the spouses died, according to the law also led to limited common property system of marital termination. At this point, the spouse of the decedent and the decedent shall be the legal successor of the other division and liquidation of joint consultation decedent's estate.
3, the separate property systemProperty system is a husband and wife were both pre-marital property and all property acquired after marriage is individually owned, and the exercise of their management, use, dispose of marital property rights and benefits system. This began in the late Roman "no patriarchal marriage" to protect the couple's independent personality, is the "body of doctrine couples do," the product. Such a system does not exclude the spouses to contract in the form of its personal property management of some or all to the other party does not reject the part of both sides have the common property. Separate property system built on the body of doctrine based on the husband and wife do not, it affirmed the couple is independent of their different people, especially married women full recognition of the system independent of personality and property rights, the right to oppose the doctrine of positive significance husband .
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