分居财产制度的构建

The Construction of Separation Property System

我国现行婚姻法立法采取法定夫妻财产制和约定夫妻财产制并存的夫妻财产制度。夫妻财产制尽管不断被修正,但依然存在诸多不足。文章从分居财产制度的发展出发,结合外国当前先进分居财产立法,从而探讨我国建立分居财产制度的意义、可能性及必要性,最终旨在为构建符合我国国情、与国际接轨的分居财产制度提出适当的立法建议。

The current marriage law legislation in China is a marital property system which is based on the community property system and the spouse＇s contractual property system. There are still many defects despite the marital property system has been revised constantly. The paper puts forward problems from the aspect of the development of separation property system with successful separation property legislation experiences abroad as a reference. It aims to explore the significance,possibility and necessity of the establishment of the separation property system. The ultimate goal is to propose appropriate legislative proposals for the construction of the separation property system in line with China＇s national conditions as well as the international standards.