| 英文摘要 |
For correctly calculating the amount of division of marital property from paragraph 1 of article 1030-1 of the Civil Code, there is an issue about when and how did premarital assets disappear during the marriage, how to handle this in the claim of division of marital property, becoming of recent concern in legal practice. This paper resolves this issue by distinguishing the target of premarital assets such as real estate, bank deposit, shares of stock. In my opinion, we should abandon the theory of transfiguration or substitution, and contrarily insist the formal standpoint about applying article 1030-2 correctly to regulate transformation. For the issue about premarital assets disappeared during the marriage, is not just about a burden of producing evidence or a question of evidence selection, but also about the solution of analogical application of article 1030-2. |
