On the Understanding and Application of the Marital Property Division System: Centered on Article 1066 of the Civil Code of the People's Republic of China

Yi Wang

doi:10.54097/ijeh.v8i2.7495

Authors

Yi Wang

DOI:

https://doi.org/10.54097/ijeh.v8i2.7495

Keywords:

Marital property division, Legal cause, Matrimonial property regime.

Abstract

Article 1066 of the Civil Code of the People’s Republic of China reflects the legislative attitude towards the marital property division system: it provides more room for the application of the system under the premise of maintaining the stability of marital and family relations. Accordingly, the application of Article 1066 can be interpreted as follows: the prerequisite for division, i.e., the second paragraph of the legal grounds, should be expanded to include the case of "one of the spouses himself or herself" suffering from a serious illness; the object of division, i.e., the scope of the property to be divided, should be selected according to the plaintiff's claim, and a specific part of joint property or all joint property; after the division, during the marriage, the spouses should be allowed to choose to use the separate property system or continue to use the joint property system.

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