婚姻法规定的婚姻关系存续期间的关系地位和财产分配及相关法规

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夫妻在家庭中地位平等。夫妻双方都有各用自己姓名的权利。夫妻双方都有参加生产、工作、学习和社会活动的自由,一方不得对他方加以限制或干涉。


夫妻在婚姻关系存续期间(during the period in which they are under contract of marriage)所得的下列财产,归夫妻共同所有:

(一)工资、奖金;

(1)pay and bonus;

(二)生产、经营的收益;

(2)earnings from production and operation;

(三)知识产权的收益;

(3)earnings from intellectual property rights;

(四)继承或赠与所得的财产,但本法第十八条第三项规定的除外;

(4)property obtained from inheritance of gift except as provided for in Article 18(3) of this Law; and

(五)其他应当归共同所有的财产。

(5)Any other items of property which shall be in his or her separate possession.


相关双语法规:

《婚姻法》第十九条:

夫妻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。没有约定或约定不明确的,适用本法第十七条、第十八条的规定。

So far as the property acquired during the period in which they are under contract of marriage and the prenuptial property are concerned, husband and wife may agree as to whether they should be in the separate possession, joint possession or partly separate possession and partly joint possession. The agreement shall be made in writing. The provisions of Articles 17 and 18 of this Law shall apply to the absence of such an agreement or to a vague one.

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,对双方具有约束力。

The agreement reached between the husband and wife on the property acquired during the period in which they are under contract of marriage and on the prenuptial property is binding on both parties.

夫妻对婚姻关系存续期间所得的财产约定归各自所有的,夫或妻一方对外所负的债务,第三人知道该约定的,以夫或妻一方所有的财产清偿。

If husband and wife agree, as is known to the third party, to separately possess their property acquired during their marriage life, the debt owed by the husband or the wife to any other person, shall be paid off out of the property separately possessed by him or her.


参考双语例句:

Reservation to the text of article 16 concerning the equality of men and women in all matters relating to marriage and family relations during the marriage and upon its dissolution, without prejudice to the Islamic sharia provisions whereby women are accorded rights equivalent to those of their spouses so as to ensure a just balance between them.

第 16 条 对关于在婚姻存续期间以及解除婚姻关系时,男女在有关婚姻和家庭关系的 一切事项上平等的条文持有保留,但不损及伊斯兰教法的规定。

The Government of the Syrian Arab Republic makes reservations to article 2; article 9, paragraph 2, concerning the grant of a woman’s nationality to her children; article 15, paragraph 4, concerning freedom of movement and of residence and domicile; article 16, paragraph 1 (c), (d), (f) and (g), concerning equal rights and responsibilities during marriage and at its dissolution with regard to guardianship, the right to choose a family name, maintenance and adoption; article 16, paragraph 2, concerning the legal effect of the betrothal and the marriage of a child, inasmuch as this provision is incompatible with the provisions of the Islamic sharia; and article 29, paragraph 1, concerning arbitration between States in the event of a dispute.

给予其子女的第 9 条第 2 款;关于人身移动和自由择居的第 15 条第 4 款;关于在婚姻存续期间以及解除婚姻关 系时,双方在监护、选择姓氏的权利、抚养和收养子女方面有相同的权利和义务的第 16 条第 1 款(c)、(d)、(f)和(g)项;关于童年订婚和童婚的法律效力的第 16 条第 2 款,因为该条不符合伊斯兰教法的 有关规定;以及关于在国家之间发生争端时诉诸仲裁的第 29 条第 1 款。

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。

发布于 2023-01-04 20:10:27
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