United Kingdom marital property system of legislative _ Pei-Yu Joan lawyers

United Kingdom-about matrimonial property legislation mainly in two forms appears: 1, case law. Case law by common law and equity made up of two parts. The common law "refers to the 11th century William conquer Britain, from the Imperial conferences are located out of the Royal courts, the Assize trial system, roving judges back to London, concentrated in the Wei period-period-out, after consultation with each other, so that the common law rule throughout dispersed in a furnace, gradually formed as a universal application in the national legal system" and "equitable" does not refer to some fair motto, which is part of the substantive law, it is the Special Court is a Court of equity through judgment developed "case law" follows the precedent "to the principle that in dealing with the property relations between husband and wife of a series of rules that has become parliamentary legislation and changes in the law. 2. formulation of the law. In the matrimonial property legislation, the United Kingdom mainly uses the single-line method in the form of legislation, rather than as a civil law countries adopt the form of code. These single regulatory history span is long, but apart from being modified or replaced for new, still in the judicial practice being used. From the legal effect, the law's effectiveness will be more than the case-law, but on the other hand, "the foundation of the legal system of the United Kingdom was still the case law. A large number of legal rules that are contained in the incalculable jurisprudence. Therefore, not only legal workers cannot leave the case-law, even if it is enacted law, cannot be divorced from the case-law and existing alone, because many of the developed method is just the case law principles into culture, so the contents of the developed method depends on the case law to supplement the application of the law also relies on the jurisprudence on the interpretation and application. " United Kingdom of marriage and family law in many countries, especially in Commonwealth countries and the United States has a significant effect on China's Hong Kong area effects of marriage and family law are very obvious.