我国夫妻财产制立法趋势研究

发布时间：2018-05-19 23:04

本文选题：夫妻财产制 + 个人本位　；参考：《长春理工大学》2016年硕士论文

【摘要】：家庭是社会的重要组成部分,其承担这重要的社会职能,而婚姻作为家庭的组成前提,更为十分重要。夫妻财产作为家庭实现社会职能的物质基础,需要法律来对其进行规范。随着经济的发展,夫妻已然成为了社会经济活动中的重要民事主体,因为,为保障交易安全,促进经济发展,需要对夫妻财产相关事项适用夫妻财产制度来予以调整。夫妻财产制度,是有关夫妻财产的归属、管理、收益、使用和处分,夫妻债务的清偿,夫妻家庭生活等费用的负担,婚姻终止时夫妻财产的清算和分割,对外财产责任等法律制度,是适用对象范围相当广泛的一项重要的财产制度。在当今的社会时代发展背景之下,夫妻财产制度也随之发生了极大的变化,本文对夫妻财产制的发展趋势进行了深入的研究,在不违反我国立法体系的基础上借鉴国外的相关规定,在吸收了前人研究成果的基础上提出了自己的完善建议,力图对我国夫妻财产制的立法趋势研究略尽绵薄之力。
[Abstract]:Family is an important part of society, which assumes this important social function, and marriage is more important as a prerequisite for family composition. As the material basis for the family to realize social functions, marital property needs the law to regulate it. With the development of the economy, the husband's wife has become an important civil in the social and economic activities. The main body is that, in order to ensure the safety of the transaction and promote economic development, the property system of husband and wife should be adapted to the property related matters of husband and wife. The husband and wife property system is about the ownership, management, income, use and disposition of husband and wife's property, the burden of the debts of husband and wife, the family life of husband and wife, and the property of husband and wife at the time of termination of marriage. The legal system of liquidation and division and foreign property responsibility is an important property system which has a wide range of applicable objects. Under the background of the development of the social times, the husband and wife property system has also changed greatly. In this paper, the development trend of husband and wife property system has been deeply studied, and it does not violate the legislation of our country. On the basis of the relevant provisions of foreign countries, the system has put forward its own perfect suggestions on the basis of absorbing the achievements of previous studies, trying to make a little effort to study the legislative trend of the marital property system in China.
【学位授予单位】：长春理工大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D923.9

【相似文献】