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community property

Chinese translation: 夫妻共有财产

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:community property
Chinese translation:夫妻共有财产
Entered by: Jan123
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14:11 Sep 19, 2007
English to Chinese translations [PRO]
Law/Patents - Law (general)
English term or phrase: community property
it is from a premartial agreement for American.

It does not make sense to me "The parties shall not accrue nor acquire any community property during their marriage."


The context: "It is the intention of the parties to have limited joint or common property (hereinafter referred to as the "joint property") acquired by them during the marriage. The parties shall not accrue nor acquire any community property during their marriage. The parties agree that their joint property shall be limited to property acquired and titled in their joint names..."
Jan123
Canada
Local time: 21:15
夫妻共有财产
Explanation:
这是英美普通法上的一个概念,多数情况下相当于大陆法系的夫妻共有财产。但在美国,不同的州可能法律规定会有不同,其具体含义因而可能会有所变化。

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Note added at 8 mins (2007-09-19 14:19:48 GMT)
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纠正一下,这本是大陆法上的概念,但后来也被普通法所借用,但不同地区有时具体规定内容可能不尽相同。
Selected response from:

orientalhorizon
Local time: 09:15
Grading comment
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4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +7夫妻共有财产
orientalhorizon
4community propertyrchan


  

Answers


4 mins   confidence: Answerer confidence 5/5 peer agreement (net): +7
夫妻共有财产


Explanation:
这是英美普通法上的一个概念,多数情况下相当于大陆法系的夫妻共有财产。但在美国,不同的州可能法律规定会有不同,其具体含义因而可能会有所变化。

--------------------------------------------------
Note added at 8 mins (2007-09-19 14:19:48 GMT)
--------------------------------------------------

纠正一下,这本是大陆法上的概念,但后来也被普通法所借用,但不同地区有时具体规定内容可能不尽相同。

orientalhorizon
Local time: 09:15
Native speaker of: Native in ChineseChinese
PRO pts in category: 54
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27 days   confidence: Answerer confidence 4/5Answerer confidence 4/5
community property


Explanation:
After marriage (in many US states) it is assumed that ALL property is jointly owned (hence, community property) regardless of whether the husband or wife's name is attached to the property. For example, a bank account or house is community property regardless of whose name it is under.

Therefore, the agreement means that this does NOT happen. Only property which is specifically jointly named is to be considered community property. Among other situations, this agreement is often made between spouses who have children from previous marriages. That way, the respective property gets bequeathed to the respective children.

rchan
Local time: 02:15
Works in field
Native speaker of: Native in EnglishEnglish
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