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罗马法从《十二表法》到《国法大全》,经过千余年的发展,对后世各国民法曾经都无一例外的产生并将继续产生着不同程度的影响,其中也包括了罗马法中对夫妻财产制度的各种规定,例如罗马的夫妻财产因“有夫权婚姻”和“无夫权婚姻”而不同,并且由于这两种财产制均有流弊,所以习惯上和法律上采取一些办法,主要是通过嫁奁和婚娶赠与予以弥补。在我们现在这样一个就连婚姻都“快餐”文化的时代,要么就是很多婚姻在破裂时对夫妻财产的争议导致夫妻间反目成仇,要么就是闪婚闪离仅仅是为了对方的财产,要么就是丈夫主掌一切,导致离婚后妻子一方丧失所有的弱势地位。这些社会现象都是需要我们完善法律去解决或是最大化去减弱的,本文笔者主要是通过以罗马法中夫妻财产制度为切入点,来思考我国现在对于夫妻财产制度的一些弊端和完善的建议。
After more than a thousand years of development, the Roman Law, from the “Twelve Tables” to the “Law of the People’s Republic of China,” once produced and will continue to exert its influence on civil law in all succeeding generations in varying degrees. Among them, The various provisions of the system of property of husband and wife, such as the difference between husband and wife in Rome, are due to “husband’s marriage ” and “marriage of husband ”, and because of the disadvantages of both property systems, customary and legal To take some measures, mainly through marriage and marriage to get married to make up for gifts. In an age when we are now even married to “fast food” culture, either the marriage of many couples in the event of a rupture leads to a rivalry between husband and wife, or a flash marriage that is merely for the other’s property or husband Dominate everything, leading to the divorce his wife lost all the disadvantaged. These social phenomena all need us to perfect the law to solve or maximize to weaken. The author mainly through the Roman law in the marital property system as a starting point to reflect our country now for some disadvantages of conjugal property system and perfect suggestions .