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渐随市场经济深入发展、民事流转日趋频繁,对夫妻财产关系加以确认、调整遂演变为婚姻法重要任务之一。本文经由历史上夫妻财产制溯源梳理及其现实生活中遭遇的困境分析,旨在完善婚姻法关于夫妻财产制之体系结构、调和婚姻法的粗疏规定与物权公示效力之内在矛盾,或为完善婚姻家庭立法,协调其与物权基本原理之抵触,乃至民法典篇章体例之和谐安置。
Gradually with the deepening of the development of market economy, civil circulation is becoming more frequent, the relationship between husband and wife to confirm the property, the adjustment then evolved into one of the important tasks of the Marriage Law. Based on the analysis of the history of the matrimonial property system and the analysis of its predicament encountered in real life, the paper aims to perfect the internal contradiction between the marital law on the system of the marital property system, the reconciliation of the rough rules of the marriage law and the effectiveness of the publicity of property, or to perfect the marriage and family Legislation, to coordinate its conflict with the basic principles of real rights, as well as the harmonious arrangement of the texts of the Civil Code.