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Home >> 《Collection of Women's Studies》 >> 2010-2
Legal Protection of Investment within Marriage: Improving the Chinese Divorce Relief System
Source:Chinese Women's Research Network | Release Date:2013-3-5
Keyword: investment pertaining to marriage, human capital, divorce relief
Author: Kang Na

Marital parties are likely to make contributions and sacrifices to their marriage as they believe that they will live together. Such investment in marriage is often exclusive and unbalanced. The party that makes exclusive investment in the marriage often be-comes one that is disadvantaged at the time of divorce. However, the Marriage Law in China has not provided enough protection to the party that has made exclusive investment in marriages, undermining equity and justice. Though academics have proposed expected benefit compensation concept and damage compensation concept as remedies to the legal inadequacy, these proposals cannot be operational partly because of the difficulties in calculation. The author thus proposes an alternative compensation system that is more practical and easier to use, namely, system of income equilibrium at divorce, one that would provide protection to investment in marriages. 

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