A Reflection on Legal Principle of Separate Ownership of Premarital Mortgage——With Clause 10 under Marriage Law Interpretation (Ⅲ) by the Supreme People’s Court as Subject
Marriage Law Interpretation (Ⅲ) has caused a strong social response and academic debates ever since its issuance, particularly, the Clause 10 that defines premarital mortgage as personal property. With regard to specific rules, it is necessary to delve into the relationship between separate and common property systems; with regard to values, the supporters attach importance to connection with property law and contract law while ignoring the value of family harmony. The opponents believe that the interpretation violates fair value but lack an in-depth study on the relationship of form fairness and substantial fairness. The paper analyzes the above questions from the perspective of legal principle and reflects on the questions with emphasis on sociology law and law value theory.
季长龙. 婚前按揭房产分别所有制的法理反思——以最高人民法院《婚姻法解释(三)》第10条为对象[J]. 浙江工商大学学报, 2013, (4): 43-49.
QI Changlong. A Reflection on Legal Principle of Separate Ownership of Premarital Mortgage——With Clause 10 under Marriage Law Interpretation (Ⅲ) by the Supreme People’s Court as Subject. Journal of Zhejing Gongshang University, 2013, (4): 43-49.