建立夫妻共同财产婚内非约定分割制度的必要性

Necessity of Establishing A System of Unengaged Division of Couple's Mutual Possessions with Marriage Relationship Maintained

根据现行《婚姻法》的规定:对夫妻共同财产的分割,只有在离婚时才具体享有。而对于夫妻婚姻关系存续期间因特殊情况的出现,致使夫或妻一方对夫妻共同财产的平等处分权受到侵犯时,《婚姻法》却没有规定可以以分割的方式进行处置。法律的这一空白,已经明显滞后于社会发展的实际需求,传统的“婚内夫妻共同财产非经协商一致就不能分割”的观点受到挑战。本文通过分析社会发展过程中婚姻家庭领域出现的几种新情况,认为:夫或妻一方在不离婚的前提下,完全可以通过建立夫妻共同财产婚内非约定制度,而有效维护对夫妻共同财产的平等处分权。更何况该制度的建立还有其产生的法律依据和重要的现实意义。

According to the present Marriage Law the division of the mutual possessions of a couple could only be made when they divorce. However the Marriage Law does not stipulate that the division can be made in the situation where special problems arise when the couple still maintains their marriage relationship and the husband or the wife's equal right to the division of their mutual possessions is violated. It is obvious that the blank point in the law lags behind the realistic need of social development and the traditional point of view has been challenged that the division of the couple's mutual possessions can not be made if unanimity is not reached through consultation when they still maintain their marriage relationship. This article through an analysis of the new situations arising in the field of marriages and families with the development of the society proposes that the husband or the wife should be able to maintain effectively the equal right to the division of the mutual possessions by means of establishing a system of unengaged division of couple's mutual possessions on the condition that they do not divorce. In addition there are sufficient legal grounds on which to base the establishment of the system.