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德国现行的法定财产制始于1958年,在50多年的司法实践中,这种法定的财产增加额共同制一直为德国公众广泛认可和接受。但随着德国社会出现的一系列问题,原有的各项规定或不足以应对或有失公允。为此,德国立法者于2009年进行了立法改革,针对夫妻财产共同制下“财产增加额均衡”的调整对象和计算方法等进行了修改;此外,德国各州法院也通过限制夫妻财产合同的有效性,强化了“财产增加额均衡”的适用范围。在德国立法者与司法者完善“财产增加额均衡”的过程中所体现的立法精神和价值取向无疑也给我国《婚姻法》的立法改革提供了经验,值得我们借鉴。
The current statutory property system in Germany started in 1958, and in more than 50 years of judicial practice, this statutory increase in property share has been widely accepted and accepted by the German public. However, with a series of problems that have arisen in German society, the original provisions may not be adequate or unfair. Therefore, the German legislator carried out the legislative reform in 2009, aiming at the object of adjustment and the calculation method of the “balance of property increase” under the common property system of husband and wife. In addition, the German state courts also passed the restriction on husband and wife property contract The effectiveness of the “enhanced balance of property increase” the scope of application. The legislative spirit and value orientation embodied in the process of improving the “balance of property increase” between lawmakers and judicial authorities in Germany undoubtedly also provide our country with experience in the legislative reform of the “Marriage Law,” which is worth learning from.