| The matrimonial property regime refers to those rules that regulate the marital property relationship, which include the attribution (gain), alteration, rights, debts, clearing and division of marital property, and each of these links may conflict with the rules of property law. The following five aspects of the conflicts have attracted the attention of both academic and practice circles:the conflicts between the matrimonial property regime and the Real Right Law in rules of property attribution, in the alteration of real right and in the exercises of rights, and the conflicts between the matrimonial property regime and the Contract Law in the confirmation of marital debts and in the bestowal of gifts between the couple. The first two conflicts focus on the property relationship between the couple, to which the Marriage Law should apply. The third and the fourth conflicts are not only substantial conflicts, but also conflicts between different laws. They are conflicts between a couple and a third party, to which rules of property law should be applied. The last one is also a substantial conflict. However, it is not a conflict of rules but s conflict of application, in which different choices should be made according different circumstances. |
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