婚姻邊緣上的財產 - 以澳門婚姻財產制為背景

Property when the divorce looms large against the backdrop of Macao s matrimonial property system

本文探討的是婚姻邊緣上的財產制度，也就是在不得不選擇離婚時，婚姻財產制度如何將傷害減低。首先從現實出發，分析為何婚姻財產制度的設置有這個需求，然後討論法律的應對，在自治的基礎上進行強制性規範，即在尊重私權利的同時，尋求配偶雙方及家庭利益的平衡。以澳門婚姻財產制為背景，探討在離婚的情況下，婚姻財產的“止痛”功能。

This paper revolves around the marital property system when the divorce looms large. Hence, immediately before the divorce comes into play. The overriding goal of this paper is to ferret out a manner through which Macau s marital property system can assuage the harm inflicted upon couple when the marriage heads towards its end. Firstly, premised on a real-world analysis, this paper endeavours to analyze the underlying reasons that have premised the enactment of such a regulation in Macau s marital property system. Secondly, premised on a legal analysis, this paper is to engage on the discussion of the legal response to the foregoing issue with a view to set forth a proposal to implement mandatory regulations on the basis of autonomy while respecting the gist of the spouses private rights. The sweeping objective of this proposal is to strike a balance between the interests of both spouses and their extant family. In the realm of Macau s marital property system, this paper is to delve into the exploration of the pain-relieving function of marital property when the divorce draws near.