构建我国夫妻法定分别财产制度研究

我国实行法定财产和约定财产双轨制,但在目前的法定夫妻财产制度下,不能实现婚内赔偿请求。夫妻法定分别财产制度在很多国家及我国台湾地区均有规定。最高人民法院《关于适用〈中华人民共和国婚姻法〉若干问题的解释(三)》第4条规定了在夫妻关系存续期间可以对共有财产进行分割,可以认为我国开始尝试建立夫妻法定分别财产制。构建法定分别财产制,应明确该制度的适用范围、适用程序,并细化其法律效力。

Research on the Construction of the Legal Property System for the Husband and for the Wife

China has adopted the legal property system and the contractual property system.But under the current legal marital property system, request for compensation can not be achieved within the marriage.The legal property system for the husband and for the wife is allowed in many countries, as well as the Taiwan area of China."Interpretation (III) by the Supreme People's Court about Several Issues on the Application of the Marriage Law of the People's Republic of China" Article 4 says that where, during the existence of a marital relationship, a spouse claims division of community property, the people's court shall not support such a claim unless any of the following material reasons exists and the creditor's interests are not damaged (omitted).Based on this article, it is obvious that our country has tried to establish the legal property system for the husband and for the wife.Then our next step is to define the system's scope of application, application procedures, and the refined force of law.