The Legal Issues Of Natural Fruits

The concept of fruit is only a very tiny one in many civil law concept, and the natural fruits is a species of this tiny concept.Whether it is in the legislation or in legal theory, the current legal and research is simply not enough to solve a variety of complex problems in practice (important issues such as the definition of the concept of natural fruits and its ascription). Natural fruits is a natural derivative of the original. However, this one of the most fundamental and subtle concept is often ignored by the civil scholars. To explain the concept of evolution of the natural fruits in this paper, a contrast from history (vertical angle) and national legislation (horizontal angle). There are two major legislative cases (Substantialprinzip and Produktionsprinzip) about the ascription of natural fruits. The article summarizes two of the legislation to their respective advantages, and to analyze the issue of legislative status and practice of natural fruits. The article is divided into a total of three parts (except for the introduction and conclusion), the main contents are summarized as follows:The first part discusses the concept and definition of the fruit and natural fruits (because the concept is the premise and foundation for solving other problems). To identify the concept, we should correctly understand two questions as follow:first, it is necessary to properly distinguish between the original and fruit; second, to correctly distinguish the relationship between natural fruits and other related concepts.The second part discusses the ascription of the natural fruits (because to solve the question of the ascription of the natural fruits is the purpose of all the legal research and legal practice). In the question of the ascription of the natural fruits, starting from the point of view of property,and by some of the relevant provisions of contract law and property law class research on a specific issue. The third part is a number of recommendations to improve the natural fruits legislation in China (as in our current legal system, there are still many problems to be solved in the legal system of the natural fruits). From the concept of natural fruits and the ascription of the natural fruits of legislative proposals, and related relief for the problems that exist in the actual system.