摘要
物权法和婚姻法作为我国统一的民事法律体系下不同时间颁布实施的两部法律,在财产关系方面既有明确分工,也存在相互重叠和交叉调整的情况,进而在两部法律的具体适用中出现如何衔接好的问题。在理论上厘清两部法律之间的关系,便于在实践中甄别不同情况,或分别适用,或共同适用,既不留漏洞,又不出现冲突,以维护法律的统一和权威。
Property Law and Marriage Law as parts of China＇s reunified laws under the civil legal system were prornulgated and started to implement at different time regarding to property matters. Between them there is a clear line in some areas, but others are overlapping and cross - adjustment, and the problem of how to joint the laws smoothly and how to apply the laws accurately may arise. To clarify the relationship between the two taws in theory would be helpful in facilitating the practice in different situations. Or separately applied, or co - applied, there should be neither loopholes left nor conflicts met between them, so as to safeguard the unity and authority of the laws.
出处
《中华女子学院学报》
2009年第4期9-16,共8页
Journal of China Women＇s University
关键词
物权法
婚姻法
关系
衔接
Property Law and Marriage Law
relationship and application of the two laws
