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夫妻财产制,乃夫妻相互间财产关系之法律制度。申言之,为维持夫妻间之共同生活,并保护夫妻双方之权利,台湾地区民法立基于平等之法理上,制定夫妻财产制。而历经二○○二年六月修正夫妻财产制后,台湾地区民法对于夫妻间财产所有权之归属、财产之管理、使用及收益、家庭生活费用之负担、债务清偿之责任以及剩余财产请求权等皆有所修删增减。本文拟针对台湾地区民法于二○○二年六月有关夫妻财产制修正之规定,就修法前及修法后之规定,做一介绍。另外,针对此次修法后所新增之“自由处分金”制度,本文亦将加以说明与检讨。
The property system of husband and wife is the legal system of the property relations between husband and wife. In his statement, in order to maintain the common life between husband and wife and protect the rights of both husband and wife, the civil law of Taiwan established the system of husband and wife property based on the law of equality. After the amendment of the matrimonial property regime in June 2002, the civil law of Taiwan has no effect on the ownership of property between husband and wife, the administration, use and revenue of property, the burden on family living expenses, the liability for debt repayment and the right to claim surplus property All have to repair the increase or decrease. This article aims to address the provisions of the civil law of Taiwan in June 2002 on the amendment of the matrimonial property system, and to introduce the pre-and post-law provisions. In addition, this new law will be added for the “free disposal of gold ” system, this article will also be described and reviewed.