"The Regulation of Ownership Rights in the Marriage and Divorce Law of the People’s Republic of China"

Abstract

"The family in China has always had an institutional significance, the government has always included in its prerogatives measures to protect the family unit, as it is considered the main element around which all the economic activities revolve. After 1978, China opens up to the West and even the family starts a process of modernization, new rights are begin more accessible to everyone, such as being able to divorce. Today Chinese family has become a mix in which tradition and modernity continue to mix. The thesis, after a brief historical excursus of the Marriage Law, aims to analyse how the right of property within divorce cases has undergone various changes and over the years. The central part of the thesis is divided into two parts. The first part concerns the description of the regulations and laws regarding property in general and property in the context of marriage and divorce. The second part, on the other hand, concerns two judgments analysed and translated regarding the causes of divorce and its controversies."