On The Pre-marital Property And The Ownership Of Its Fruit

Pre-marital property is the property which the couples gained before married, including salary,wages,the property inherited from others and any other kind of legal property. Protecting the pre-marital property belonged to each of the couples is not only good for the steady of the relationship between couples, but also good for the independence of personal right and the safety of commercial transaction. This paper begins with the basic conceptions about pre-marital property, discusses the standard to indentify pre-marital property and the sort of it. The paper holds that in order to make our legislations for pre-marital property more scientific and rational, we shall establish.In addition to the preamble and the conclusion of this article is divided into four parts.Chapter one is the basic theories of pre-marital property. It begins with the basic conceptions about pre-marital property, discusses the standard to indentify pre-marital property and the sort of it.Chapter two introduces different legislative cases of the fruit of pre-marital property in different countries. There are three kinds of the system of ownership. General co-ownership system refers to the system whereby estate in the entirety is composed by all the properties of both husband and wife, including marital prenuptial property and postnuptial incomes property. Common-law property system refers to the system that there aren't stipulate common property between spouses. Peculiar property system refers to the properties there are exclusive to one party in spouses and excludes co-ownership.Chapter three introduces the theories of pre-marital property in our country. The author discusses these three kinds of theories, and makes effort to perfect our legislations for pre-marital property. Chapter four is about marital property system of our country in effect and its drawbacks. This chapter mainly illustrates the basic content and existing drawbacks of statutory system concerning marital property and contractual property system in effect in our country. This chapter holds that in order to make our legislations for pre-marital property more scientific and rational, we shall establish.