On The Ownership Of Fruits For Personal Property After Marriage

In August,2011, Explanations of Marriage Law (three) of the PRC by thesupreme people’s court (hereinafter referred to as Explanations of Marriage Law(Three) was officially implemented. Some provisions about private property provokedwide discussions, especially, the Article5of Explanations of Marriage Law (Three).This article explicitly stipulates the ownership of fruits for personal propertyafter marriage for the first time. However, for not explaining the inner value of fruitsand excluding all kinds of fruits out of range of common property, there exist somearguments in theory and practice. Such as, who should take the rent of a house thatbelongs to one side for a husband or a wife after weeding, is still a puzzle. Differentpeople may own different opinions. This thesis begins with a divorce case, to analyzedifferent viewpoints about the ownership of fruits of personal property after marriage,and put forward with solutions on the basis of understanding basic theoretical fruits.Except the introduction part, this thesis is divided into four parts, about18000words.The first section is to define the description of problems. This thesis starts with adivorce case involving with the ownership of personal property after marriage, to leadthe following sections.The second part is the analysis of the fruits of basic theoretical considerations.First of all, the author discusses the definition of fruits, because to define theboundary of fruits is the foundation to confirm the ownership. After that, the authorintroduces the concept, the category of fruits and makes a compare with relativeconceptions. Secondly, the author reviews the above analysis and those differentviewpoints for the nature of fruits after marriage in theory.The third section is about present legislation situation for the ownership ofpersonal property after marriage in China and the discussion of shortage of it. In thispart, the author introduce Property Law of PRC, Marriage Law of China and thejudicial interpretations on the issue,analyzes the problems existing in legislation. The fourth section is to propose some suggestions for improvement of theownership of fruits attribution about personal property after marriage. The content ofthis part mainly includes two aspects. On the one hand, one should determine factorsthat be considered in the ownership of personal property after weeding. On the otherhand, the application of deciding the ownership is containedThe fifth part is the epilogue. This part makes a summary on the whole thesis.The author believes that fruits after marriage could not be excluded out of range ofcommon property. It should be considered according, based on the standard of“integration of wife and husband” principle, as well as combing the specificconditions for deciding the total contribution of fruits. What is more, the distinctionbetween ordinary circumstance and special circumstance must be thought over toprotect the legal rights for couples.