现行夫妻财产制的缺陷及完善

财产关系是婚姻关系中夫妻双方及与他们交易的第三人最为关注的关系之一。新颁布的《婚姻法》在原有法律规定的基础上,对其予以了补充和完善。但还存在一些不足之处,本文拟就夫妻个人财产与共同财产相互转化;夫妻财产的管理、使用、处分权限及保护;分居和约定财产制等问题作一探讨。

Deficiency of the Exiting System of Community Property and Its Improvement

In the marriage relationship, property is of the concerns of husband and wife and the party concerned. The newly promulgated marriage law makes certain amendments, which makes the connubial perfect and complete. In spite of that, the law needs further revising. The paper discusses the mutual transformation of the private property and the community property; the control and share of the connubial property and the paper also explores some problems such as protection of lawful property when the couple is in face of ending their marriage and how to divide their property in an acceptable and established way.