Our Marriage Law implements the institution of legal marital property which infers marital property as common ownership marring with each other, and combining with the agreed property system. At the same time, it regulates the scope of personal property between two parties. The regulation about the ownership of which parents grant real estate to their children after marriage in the article 7 of Marriage Law explanation (3) exactly provides operational basis for property disputes in the field of marriage and family. However, it contradicts the current Marriage Law in logic system and legal constructive rule. Therefore, it is necessary to explore the reasons and to make essential adjustment for our constructive rules of marital property both in theory and system ways.
李洪祥 王琪盟. 夫妻财产推定规则的伦理分析——以《婚姻法解释》(三)》第7条为视角[J]. 浙江工商大学学报, 2013, (4): 38-42.
LI Hongxiang WANG Qimeng. An Ethical Analysis on the Constructive Rules of Marital Property——Taking the article 7 of the Marriage Law Explanation(3) as a Perspective. Journal of Zhejing Gongshang University, 2013, (4): 38-42.