| Summary: | 碩士 === 東吳大學 === 法律學系 === 105 === Abstract
Matrimonial property system is a kind of legal systems mainly regulate the marital property relations. Factors such as political and economic,customs of the people and traditional culture, are usually affect the differences of matrimonial property system. Taiwan and Mainland have respectively implemented their own matrimonial property system for couples of years since 1949. Due to Mainland started implementing the policy of reformation and opening in 1979 and Taiwan releasing the populace to visit their relatives in 1987. Intercourses between the strait become more freguently and unceasely increasing numbers of marriage. That becomes an important issue of matrimonial property question relating to marriage. In general,most of couples often haven’t declared matrimonial property system yet. Hence, It is even more important of the statutory matrimonial property system.
This thesis mainly discuss matrimonial property system of the mainland China,and take the most important statutory matrimonial property system as the center.This thesis introduced the related content of mainland present matrimonial property system, in its historical evoluta.This thesis hope analyzes the advantages and the flaws of the present matrimonial property system in mainland China and proposes my personal researches experience and advices.Next,by the research obtained of mainland China present statutory matrimonial property system, to compared the difference of stipulations between Taiwan and the mainland China about the statutory matrimonial property system ,and find the present stipulations of Taiwan whether there are need modified and propose my suggestions.Furthermore, by understanding statutory marital property system between Strait and its related questions about the applicable law and find the present stipulations of Taiwan whether there are need modified and to protect the legal property rights and interests in the married couples of the between Strait .
The specification of marital property system between the Strait is different, the system design also respectively has the superiority, we expected through the research, standard and in practice of the mainland statutory matrimonial property system, look for worth learning places and expecting the matrimonial property system can achieve perfectly in Taiwan.
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