What Is Property Use?

Property relation (property relation), the legal term of production relation, that is, the legally confirmed ownership relation. Property relations and production relations are both connected and different. The production relationship is an objective economic relationship that is not transferred according to the will of the person, and it is the economic content of the property relationship; the property relationship is the legal expression of the production relationship. category. Property relations are determined by the economic foundation, that is, the production relations, and are protected by national laws and regulations. ^[1]

Property relationship

Property relations and production relations are both connected and different. Production relations are not dependent on others

Subjective equality

In terms of the status of the subject, some property relations have unequal subject positions and have affiliation with each other; some property relations have equal subject positions without affiliation with each other. The former, such as fiscal and tax relations, is commonly referred to as vertical economic relations; the latter, such as borrowing relations, is commonly referred to as horizontal economic relations. Only the property relationship with equal subject status is the object of civil law adjustment.

The parties voluntarily

Some property relationships occur according to the subject s own wishes, and some do not occur voluntarily. The subject status of property relations adjusted by civil law is equal, and neither party can impose its own will on the other party. This property relationship is generally established by the subject on a voluntary basis.

Governed by the law of value

Because most of the property relations between equal subjects are established by the parties based on their own interests, they generally follow the law of value. Because of this, most property relations adjusted by civil law are paid for.

Depending on the nature of the state and the law, the relationship of property to be protected varies. Law of capitalist countries

Marital property division is clearer

There have also been major changes in the provisions on husband and wife property, which is reflected in Article 18, paragraphs 1 and 3, which stipulates that: "One of the following circumstances shall be the property of one of the husband and wife: (a) before marriage Property; (c) the property of the husband or wife in the will or gift contract; the original marriage law provided that before the marriage, the personal property of the husband and wife can be converted into common property of the husband and wife after a certain period of time. After 4 years. The new law canceled this conversion. However, Judge Hu said that when this clause is applied to divorce, how to fully protect the interests of the party who paid more labor during the existence of the marriage is also an issue that should be paid attention to when implementing the new law. For example, in rural areas, there are still many distorted marriage relationships. Generally, women settle in men's homes. When the marriage is established, the economic foundation is mainly the man's. Once the divorce, how to properly protect women with weak premarital property under the new law Interests are also issues that should be considered in practice.

Regarding inherited property, the original marriage law provided that the property inherited or accepted during the marriage was the property of the couple. The third paragraph of the new law emphasizes the greater respect for the wishes of donors and donors.

Illumination of children born out of wedlock

The provisions of the original law only emphasized the obligations of the biological father. The new law stipulates that a biological father or mother who does not directly raise children born out of wedlock shall bear the child s living expenses and education expenses until the children can live independently. Equality, birth father and mother bear the same obligations. In addition, Judge Hu believed that although the original provisions also provided for education costs, how to determine a reasonable range of education costs in a society where there are multiple ways to receive education is also a problem that may lead to disputes in the future.

Breakthrough in "military marriage" protection

With regard to military marriage, the new law has also been changed. Article 33 stipulates that "the spouse of an active serviceman requires the consent of the serviceman, unless the serviceman has a major fault." The "except for major fault" is added. , The scope of protection of military marriage has been limited and is no longer absolute protection.

If, as before, no matter what happens to the army, you must obtain the consent of the soldiers in order to divorce, then it will inevitably lead to the fear of being a military spouse. This modification not only protects the rights of the soldiers, but also fundamentally solves the military difficulties The problem of finding a spouse is actually a better protection of military marriage.

The right of visit has legal basis

The revised Marriage Law provides for a "visit right" clause, that is, the right to visit a child after a divorce: "After a divorce, the parent who does not directly raise the child has the right to visit the child and the other party has the obligation to assist." In the past, although there were particularly many disputes caused by visits, there was no clear law applicable. In the future, such problems can be resolved. ^[2]

according to"

According to Article 32 of the General Principles of the Civil Law, partnership property is composed of two parts. One is the funds and physical objects invested by the partners in the partnership in accordance with the amount of capital determined by the partnership agreement when the partnership was established; Accumulated property. By nature, these two properties are the property of all partners. However, since the partners are limited to individual citizens, they are both the owner of the means of production and the workers engaged in self-employment. Therefore, the partnership property is still personal property. The partnership property must be managed and used in a unified manner by all partners in accordance with the legal requirements of the property common relationship. Without the unanimous consent of all partners, no partner can use and dispose of the property of the partnership. If the partners cannot reach a consensus on the use and disposal of the partnership's property, they should proceed according to the opinions of the majority partner or the majority. In this way, the management right and use right of the investment by the partnership organization are guaranteed, and the partnership investment is used uniformly with the partnership organization to achieve the purpose of partnership operation.