Legislative protection of the common property rights of husband and wife
March 08, 2023 09:20 Source: "China Social Sciences" March 8, 2023 Total 2605 Author: Jiang Yue

my country's long -term implementation of the legal husband and wife common property system。In different periods,Legislative protection of the rules of the common property rights of couples changes greatly,The biggest difference is that the scope of the common property of the legal couple is constantly narrowing,Introducing the personal property system of the personal property system to protect the spouse's personal property,Protection of the right to the common property of husband and wife is also increasing。The balance between the interests of the two parties when the husband and wife's common property are divided.。

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The common system after marriage is the current legal husband and wife property system in my country,All the property obtained after marriage is owned by the husband and wife together,However, except the law is otherwise stipulated。The property system of the legal couple refers to the property system or the agreed property system allowed by the parties without written agreement,Of course, the applicable husband and wife property system。Consider from the perspective of Chinese social culture and psychological construction,Most of the couples are applicable to the property system of legal couples。Article 1062 of the Civil Code of my country,The following property obtained during the existence of the marriage relationship between the husband and wife,Common property for husband and wife,Reinforcement husband and wife common: (1) Salary、bonus、labor remuneration; (2) production、Business、Investment income; (3) the income of intellectual property rights; (4) inheritance or gift property,But except the provisions specified in Article 1063, paragraph 3 of this law; (5) Other property that should be bet365 best casino games returned to。"Other Agains of Common Property",Including but not limited to the income obtained by the investment of one party with personal property; the housing subsidy that both men and women actually obtain or should be obtained、Housing Provident Fund; Both men and women actually obtained or should be obtained for the basic pension、Compensation fee for bankruptcy resettlement。The income generated by the personal property of the husband and wife after marriage,Except for interest and natural value -added,It should also be identified as a common property of husband and wife。The common property of the current legal couple,The scope determined by Article 17 of the Marriage Law revised in 2001,Only two types of property of "labor remuneration" and "investment income" were added to the list,This is because the labor service acquisition and investment income are more common than 20 years ago,It is necessary to make it clear。

The implementation of the common property system with the legal after marriage,It is a personal property system。Article 1063 of the Civil Code,The following property is the personal property of the husband and wife: (1) the pre -marital property of one party; 4) Dedicated daily necessities for one side; (5) Other assets of the sources of the one side。Draw these five types of property to the individual,Both consider that any of the spouse as an independent civil law always has its personal property interests,Considering the development of the economy,Couple's property is becoming increasingly diverse、Thick,Except these property out of the scope of the common property of the husband and wife,It will not have a great impact on the common needs of marriage and family。

As the relationship between husband and wife property is becoming increasingly complicated,The law allows couples to implement a agreed property system。Article 1065 of the Civil Code,Men and women can agreed that the property obtained during the marriage relationship and the property of pre -marital property bet365 Play online games belong to each other、Common or part of each、Partial common。The agreement should be written in writing。The husband and wife agreed to the property system,The scope of the common property of the husband and wife is from the agreement,Of course different from the scope of the statutory and common common。The restrictions on the property of the husband and wife do not need to fulfill the notarization、Registration or reporting procedures,Therefore, how many husbands and wives across the country signed a husband and wife property agreement,Can't know,But the relevant information of social observation and divorce parties confirmed from one aspect to confirm that the agreed property system is only made by very few people。

  What rights do husbands and wives enjoy for common property 

First,Equal ownership。Equal marriage and family status of husband and wife,Enjoy equal ownership for the common property of husband and wife。ownership refers,Enjoy possession according to law、Use、Rights of income and punishment。First,The rights of both parties to the common property of the husband and wife are the same,Regardless of Bo Zhong。It is a complete ownership above the husband and wife common property,Share on both husband and wife。Next,Both husband and wife are equal owners of the ownership,They all have the right to all husband and wife common property,Not distinguished share。Common co -ownership refers to the co -sharing of the common real estate or real estate to share the right,Don’t consider the direct contribution to the accumulation of common property or indirect contribution,Not affected by the situation of the income status of both parties。Its three,This equal ownership is not affected by whether the name is registered in the ownership certificate。In many families,Real estate or large real estate purchased in the name of the husband and wife registered under one side instead of the bilateral name,This does not affect the shared ownership of the owner of the owner of the unanimous name。Bet365 lotto review Last,As the right to punish is the most important item of the various powers of ownership,The Marriage Law of the Ministry of Calendar to the "Civil Code" clearly stipulates that the husband and wife have equal right to the common property,Emphasizing。

To ensure the equal property rights of married women,Article 66, paragraph 2 of the "Women's Rights Protection Law" revised in 2022 stipulates,"All real estate of the husband and wife and the real estate that can be registered in joint registered,Women have the right to record their names on the ownership certificate ",Relevant agencies shall go through the corresponding registration procedures in accordance with their applications "。Co -branded registration makes both the names of the couple recorded in the ownership certificate,It will be more conducive to protecting equal ownership of both parties,Because all the houses of the husband and wife are registered under the name of the husband and wife,The owner of the manager sells the house without the other party's consent,As long as the third person is good at purchasing、Payment of reasonable consideration and registered real estate registration,It is protected by law。The husband and wife punish all the joints of the common house caused the other party to lose,When divorce,The other party has the right to request compensation for losses。Both husband and wife are named the owner,One party will not be able to dispose of the property without the consent of the other party。It should be noted,The ownership includes possession、right to use、Income right and punishment right。Article 66 of the "Protection Law of the Women's Rights and Interests" after the revised,Women enjoy the possession of equal equality with their spouses for women and wives、Use、Rights of income and punishment。

2,Somewhere in the common property of husband and wife。Usually in three situations。First,Division of husband and wife common property in the wedding。Article 1066 of the Civil bet365 best casino games Code stipulates that the marriage relationship is existed,One of the following situations,The husband and wife can ask the people's court to ask the people's court to divide the common property: (1) One party has hidden、Transfer、Selling、Destruction、Smoles of the common property of husband and wife or forged husband and wife joint debt seriously damage the benefits of the common property of the husband and wife;,The other party does not agree to pay relevant medical expenses。In trial practice,According to the relevant judicial interpretation of the Supreme People's Court in 2011,Has been implemented to divide the common property of husband and wife。Property or economic disputes to resolve disputes through reasonable cuts of property benefits,It will be beneficial to preserve marriage。Although the law does not specify the division principle in this situation,But the marriage and family editing from the "Civil Code" stipulate that men and women are equal、Protecting the principles of women's rights and interests.,When dividing the common property of the husband and wife in the wedding, the woman should also be taken care of。Next,Division of the common property of the husband and wife during the divorce。Divorce,The common property of the husband and wife shall be processed by the agreement between the two parties;,The judgment of the people's court is divided。When the court judgment,Consider the specific situation of the property,Take care of children's interests,Take care of the woman,Take care of the right of the wrong party。Article 67 of the "Protection Law of the Women's Rights and Interests" after the revised,bet365 Play online games During the divorce litigation,Both husband and wife have the obligation to declare all the common property of the husband and wife to the people's court。The husband and wife applied for inquiry and registered the property status of the property under the other party's name and did not collect it for objective reasons,People's Court should investigate and obtain evidence,Relevant departments and units shall assist。During the divorce litigation,One party hidden、Transfer、Selling、Destruction、Sumid husband and wife common property,or forgery with the joint debt of the husband and wife in an attempt to occupy the other party's property,When divorced and divided the common property of husband and wife,For the prescription, you can be less or different in property。Last,When the spouse dies,Except for agreed,It should be divided into half of the common property of the husband and wife first.,The remaining half is the legacy of the heir。Heritage is in the common property of the family,It should also be divided into the legacy of the heir from the common property。In any situation in the aforementioned,All parties of the parties have the right to negotiate and divide。

  Future Outlook 

In the market economy environment,The relationship between husband and wife property is becoming increasingly complicated,Disputes of husband and wife property are becoming increasingly common。On the one hand,Deeper with the values ​​of independence and freedom,Personal interest appeal is becoming increasingly strong,Personal property protection awareness and requirements have significantly enhanced,Marriage fragile phenomenon presentation; on the other hand,Personal wealth continues to grow,Personal property、The joint property of the husband and wife is increasingly common,plus divorce、Remmles increase,This can cause diversification of interests and distribution methods of interests during the distribution of household production。but but,No matter how the society changes,Universal changes,Between husband and wife should respect each other,Caring for each other,Caring for each other,Equal cooperation,Properly handle the property relationship between each other。When encountering economic contradictions or property disputes,It should be treated rationally,Avoid resentment due to financial accumulation and even intensify contradictions and conflicts。Money is bet365 live casino games something outside the body,Couples jointly create maintenance equality、Holy、Civilized marriage and family relationship is the fundamental。

  (The author is a professor at the School of Law of Xiamen University) 

Editor in charge: Chen Jing
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