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近几年来,我国对于婚姻法律进行了不断的完善,旨在减少相关的争议。但是就《婚姻法司法解释(三)》出台已经几年时间了,人们对其中涉及房产归属问题的理解和争议不断,还存在着很大不同程度的误解。立法角度方面,夫妻间的财产制能够被分为:分别财产制和共同财产制两种形式。表现形式方面看,夫妻财产制可以分为:法定财产制以及约定财产制。本文重点分析我国的《婚姻法》在对夫妻财产分割方面的规定所作出的变化,梳理在法律中对于夫妻所得主体的解释以及对夫妻所得财产的规定,最后就应该作出应该开展夫妻所得财产划分工作进行分析和探究。希望给予有关人士一定的借鉴和帮助。
In recent years, China has continuously improved the law of marriage with a view to reducing the related disputes. However, several years have passed since the judicial interpretation (III) of the Marriage Law has been made. There is still a lot of misunderstandings about the understanding and controversy concerning the ownership of real estate among them. In terms of legislation, the property system between husband and wife can be divided into two forms: property system and common property system respectively. In terms of manifestations, husband and wife property system can be divided into: legal property system and agreed property system. This article focuses on the changes made by China’s “Marriage Law” in the regulation of the division of property between husband and wife, combing the interpretation of the subject of husband and wife and the provisions on the property acquired by husband and wife in the law, and finally, it should make the property division of husband and wife For analysis and exploration. I hope to give some reference and help the people concerned.