目錄 - ç ”ç©¶ç™¼å±•è™• - 稻江科技暨管理學院

稻 江 學 報 第 五 卷 第 一 期
A Comparative Study 0n the Matrimonial Property Regimes In
Taiwan and the Mainland China
Hsueh-Yu Lin
Associate Professor, Department of Financial and Economic Law, Toko University
Abstract
Based on the principle of gender equality, there are detailed regulations of matrimonial properties regimes in
Taiwan and Mainland China. However, because the development of the social economy is different between Taiwan
and Mainland China, it is also different on the property regimes that are adopted. In Taiwan, we adopt the Statutory
Regimes of the composite type of the separation of property regime and the community ownership of residual
property. In Mainland China, they adopt the Statutory Regimes of the community ownership of postnuptial incomes.
With the increase of Taiwanese Businessmen invest and work in Mainland China, it also increases day by day that
Taiwanese Businessmen who get married with people of the Mainland China Area and still reside in Mainland China.
It is necessary that Taiwanese Businessmen shall understand if the Statutory Regimes of Mainland China is
appropriate to Taiwanese couples.
According to Article 54 of Act Governing Relations Between Peoples Of The Taiwan Area And The Mainland
Area, “Where any marriage between any of the people of the Taiwan Area and any of the people of the Mainland
Area takes place in the Mainland Area, the matrimonial properties shall be subject to the provisions of the referred
Area except for the properties located in the Taiwan Area.” Therefore, in order to protect the legitimate rights and
interests of both sides of the couple, our compatriots have to adequately understand to the contents of the Statutory
Regimes of Taiwan and Mainland China and make a choice to protect the legitimate rights and interests of parties.
This article provides discussion and analysis of the pertinent regulations and relevant issues of the matrimonial
properties regimes in Taiwan and Mainland China to the scholars and specialist who concern about the laws of
Taiwan and Mainland China and look forward to attracting valuable comments. In addition, it is also a reference
material for Taiwanese Businessmen and people of the Mainland China Area who get married to choose matrimonial
properties regimes.
Keywords:1. Matrimonial Property Regime 2. Statutory Regime 3. Contractual Regime 4. Separation of
Property Regime 5. Marital-income Community of Property Regime
93