On The Ownership Of The Fruits After Marriage Of The Couples’ Personal Property

As the society develops, people have got more properties increasing,including the quantities, kinds and scope, then the number and kinds of the couples’ earnings also continues to increase during the marriage relationship. How to divide the attribution of these gains becomes a serious problem, especially for a married couple on the attribution of fruits for their personal properties. Although the judicial interpretation(three) makes provisions, the marriage law is not comprehensive and there is a big controversy in practice, which makes some High Courts make various guidance documents based on their different understanding. So facing the similar cases, the courts also make a different result, which seriously undermines the fairness and justice, and also makes the ordinary people confused when they face the problem. Therefore, it is necessary to make in-depth study on the attribution of fruits. The author attempts to combine our legislation and practice in the analysis of the issues and based on the results of the previous studies to explore this issue. The article is divided into five sections(introduction and conclusion), the main contents are summarized as follows:The first part is to ask questions. Through introducing a case, the article come up with the questiong of the attribution of fruits after the marriage of the couples.The second part introduces the meanings and classification of fruits.Firstly it introduces the concepts and classification of fruits, then makes the differences between the fruits and the other related concepts of income.The third part focuses on the necessity of the discussion of the attribution of fruits after the marriage of the couples. To the first, it is advantage for the judiciary to correctly handle property disputes between husband and wife, and secondly it is good for the public to establish a correct concept of marriage and family property, and lastly it is favor for the marriage and family property law to achieve normative transformation.The fourth part mainly discusses the considerations of the fruits attribution. Firstly,it discusses different theories of the fruits of married couples in China.Then the considerations of the fruits attribution mainly includes clearing law value orientation, admitting the family labor value, manifesting the husband and wife together and maintaining the relationship factors such as equals.The fifth part is for the solving path of the attribution of the fruits. It mainly introduces the ownership of the natural fruits and legal fruits.