法律规定的夫妻个人财产及其相关法律

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●下列财产为夫妻一方的个人财产(separate/personal property):

(一)一方的婚前财产;

premarital property of one spouse;

(二)一方因受到人身损害获得的赔偿或者补偿;

compensation or indemnification received by one spouse for injury inflicted upon him;

(三)遗嘱或者赠与合同中确定只归一方的财产;

property that belongs to only one spouse as provided in a will or gift contract;

(四)一方专用的生活用品;

articles exclusively used by one spouse for daily life; and

(五)其他应当归一方的财产。

other property that shall be owned by one spouse.


有下列情形之一的,

●夫妻一方可以向人民法院请求分割共同财产(community/common property):

(一)一方有隐藏、转移、变卖、毁损、挥霍夫妻共同财产或者伪造夫妻共同债务等严重损害夫妻共同财产利益的行为;

(二)一方负有法定扶养义务的人患重大疾病需要医治,另一方不同意支付

相关医疗费用。


相关双语法规:

《民法典》第一千零六十四条:夫妻双方共同签名或者夫妻一方事后追认等共同意思表示所负的债务,以及夫妻一方在婚姻关系存续期间以个人名义为家庭日常生活需要所负的债务,属于夫妻共同债务。

Debts incurred according to the common expression of intent of both spouses, such as a debt jointly signed by both spouses and a debt signed by one spouse and subsequently ratified by the other spouse, and debts incurred by one of the spouses in his own name during the marriage to meet the daily needs of the family, constitute community debts.

夫妻一方在婚姻关系存续期间以个人名义超出家庭日常生活需要所负的债务,不属于夫妻共同债务;但是,债权人能够证明该债务用于夫妻共同生活、共同生产经营或者基于夫妻双方共同意思表示的除外。

A debt incurred by one of the spouses in his own name during the marriage in excess of the daily needs of the family is not a community debt, unless the creditor may prove that such debt is used for both spouses’ daily life or for joint production and operation of the spouses, or such debt incurs according to the common expression of intent of both spouses.

《民法典》第一千零六十五条:男女双方可以约定婚姻关系存续期间所得的财产以及婚前财产归各自所有、共同所有或者部分各自所有、部分共同所有。约定应当采用书面形式。没有约定或者约定不明确的,适用本法第一千零六十二条、第一千零六十三条的规定。

A man and a woman may agree that their premarital property and the property to be acquired by them during their marriage may be owned by them separately or jointly, or partially owned separately and partially owned jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, Articles 1062 and 1063 of this Code shall apply

夫妻对婚姻关系存续期间所得的财产以及婚前财产的约定,对双方具有法律约束力。

The agreement on their premarital property and the property acquired during the marriage is legally binding on both parties to the marriage.

夫妻对婚姻关系存续期间所得的财产约定归各自所有,夫或者妻一方对外所负的债务,相对人知道该约定的,以夫或者妻一方的个人财产清偿。

Where the spouses agree that the property acquired during the marriage is to be owned separately, a debt incurred by one of the spouses shall be paid off with his separate property to the extent that the third person concerned is aware of such an agreement.


参考双语例句:

Even where a woman is ultimately able to secure her husband’s consent and the land is purchased, if she is married in community of property her ownership and control over the property is virtually removed as the land cannot be registered in her name but is registered in her husband’s name.

即使妇女最终能够获得丈夫的同 意并购买了土地,如果她是在夫妻共同财产制下结婚,她对该财产的所有权和控制权也几乎不复存在,因为土地不能以她的名字进行登记,而要登记在她丈夫的名下。

As a guide, having a material financial interest means owning more than 1% of the outstanding securities/capital value of the business. It also means engaging in other transactions or investments (for example equity investments, loans or leases of personal or real property) which would cause you to have a significant personal stake in the success of the business.

作为指导,重大经济利益指拥有该企业超过1%的已发行证券/资本价值,还指参与与其他交易或投资(例如股票投资、贷款或个人财产或不动产租赁),即可能导致您在企业取得成功时获得重大个人权益的交易或投资。

On the other hand, the administration of the couple’s common property is jointly exercised, each spouse being individually able to perform acts of ordinary administration.

另一方面,夫妻共同财产由 双 方共同管理,夫妻各自均可单独进行一般管理行为。 

发布于 2022-10-30 12:44:38
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