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通常认为家庭财产的法律性质为共同共有。而本文认为,家庭财产的法律性质应为公有。因为其权利主体是全体家庭成员,其性质是不为个人所拥有但为整体所拥有而个人可以使用的状态。共同共有可以基于个人意志解除,而公有不可以基于个人意志而解除。在理论和实践中将家庭财产的性质界定为公有,具有重要的意义。
It is generally accepted that the legal nature of family property is common to all. The paper argues that the legal nature of family property should be public. Because the subject of their rights is a member of the entire family and is of a nature that is not personally owned but available to the individual as a whole. Co-ownership can be lifted based on individual will, and public ownership can not be lifted based on individual will. It is of great significance to define the nature of family property as public in both theory and practice.