In China, refers to citizens through other legal means to obtain labor or property. Including the citizens of legitimate income, housing, savings, household items, antiques, books, trees, livestock and means of production allowed by law for all citizens and other lawful property. The property of individual citizens. Legal protection of citizen's legal personal property.
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Concept
Couples of all personal property refers to personal property in accordance with the law or agreed by the parties, each reserved for married couples to a range. Generally include statutory personal property and personal property agreement, in particular, including marital property and matrimonial property.
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Marital personal property ranges
A party premarital property; Second, the party who suffered damages (medical expenses, the disabled living allowance, etc.) get hurt; Third, the will or gift contract is determined only belong to one party owned property; Fourth, one dedicated supplies; Five other party shall return all property. Understand the scope of marital personal property, should pay attention to the following aspects: ⑴ one question about marital property. Existing "marriage" would clearly defined party premarital property is personal property, and therefore, of personal property in 1993, "comments the division of property" in the spouse under certain conditions, into a jointly owned property provisions are no longer applicable. Specific categories of property include: First of all personal property of the party before marriage, marriage shared by both parties, operation and management. The larger the value of houses and other personal marriage after eight years of production, valuable subsistence After four years, can be regarded as jointly owned property. Second, during the marriage, more than demobilization, demobilization costs resulting professional soldiers, retraining costs, married for 10 years, should be regarded as jointly owned property. In this regard, "applicable <Marriage Law> explanation (a)" Article 19 also clearly stipulates: "All the provisions of Article 18 of the Marriage Law of property is one of the spouses, not because of the continuation of the marriage relationship and into the couple's joint property, but the parties have otherwise agreed except. " By 1950, the spirit of 1980 that you love your marriage marriage legislation resulting system of co-prescribed, and premarital property yields have been born during the marriage is considered jointly owned property. However, April 28, 2001 announced the implementation of "marriage", no "yield marital property jointly owned by the couple all" requirement. Obviously, since the date of 2001 as amended "marriage" of implementation of one of the spouses during the marriage premarital property yields born of personal property belonging to one of the spouses. We believe that the one born during the marriage premarital property yield is determined as the personal property has its drawbacks. Because of the different types of marital property, the spouses do not need any property management, administration, labor inputs, you can get yields, such as cash, securities, etc.; while many marital property during the marriage need to jointly operate and management in order to produce fruits. Thus, the yield marital property during the marriage should be treated differently, if it is married couples jointly operate, manage accruing shall be determined as common property. In this regard, "applicable <Marriage Law> explanation (b)" Article 11 Paragraph 1 clearly stipulates that a party to personal property investment gains made, are common property. Clearly, changes in the interpretation of the proceeds marital property acquired after marriage for investment identified as common property. ⑵ party on medical expenses due to bodily injury, and the disabled living allowance and other expenses of the issue. The property has a personal nature, it can only be owned by the party individuals. Supreme People's Court "applies <Marriage Law> explanation (b)" Article 13 also stipulates that: military casualty insurance, disability benefits, medical living allowance are personal property. This interpretation is also based on the personal nature of the property, which was identified as personal property, is "Marriage" about the content of specific and perfect. ⑶ about a will or gift contract identified only belong to one party issue. Based on the principle of autonomy, legislation should respect the will and the wishes of the donor, to protect their personal property disposition. Therefore, these as_set_s should be recognized as one of the personal property. Supreme People's Court "applies <Marriage Law> explanation (b)" Article 22, paragraph 1 also provides that: before the parties married, for both parents funded the purchase of houses, the contribution should be recognized as a personal gift for their children, but parents clearly said gift except the two sides. ⑷ on marital personal property, "one dedicated supplies" issue. In this regard, there is no statute specifically enumerated. By real life, it mainly refers to the daily life of each couple, special items needed for the occupation, such as the personal use of clothes, books, jewelry and so on. However, the purchase of expensive jewelry marriage, one that must be larger because of career-value items, as well as motorcycles, cars and other means of subsistence, corporations are for personal use, should also be regarded as common property. ⑸ questions about the other spouse shall belong to the property. This is an overview of the requirements, including the legislation does not specifically enumerated all other personal property shall belong to one of the spouses, both spouses agreed normalized as personal property; during the marriage, demobilization, demobilization fee of demobilized soldiers, their own jobs fees
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Other related matters
Personal property (Separate Property) refers to the matrimonial property regime, the spouses of all and entirely within the control of the property. The new marriage law: Marital property is divided into two parts: one, a spouse's personal property; 2, the couple's joint property. "Marriage" in Article 42: When a divorce, one party has difficulty living, the other party shall in its housing and other personal property given appropriate help. December 24, 2001 Law No. 30 of the Supreme Court's interpretation of the definition of life is difficult: "relying on personal property and divorce property division was unable to maintain a basic standard of living of local" and "after the divorce did not residence "in both cases. Also provides one of the difficulties of life should grant other personal property in cash, materials paid for without shelter after the divorce, but also can be use rights or ownership housing.
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English Expression
n.: personal possessions, personal property, possessions, personal effects, all the money and property that a person owns, esp that which is left at death
Thesaurus
effect, money, Assets, money
Related Phrases
social formation
physics encyclopaedia
Containing Phrases
burgher personal possessions
ownership of personal property by citizen
Personal possessions Insurance whole contact
individual property in socialist society
Aggression burgher Personal possessions authority cognizance
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Personal possessions External Shift Shoufuhui Regulate interim measure