The Legal Issues Of Legal Fruits

Fructus is one of the most basic and smallest yet an important concept in civil law, inparticular, in property law. Unfortunately, the discussion on the fructus has hardlybeen seen, which is usually served as an attachment for other laws. Fuctus can bedivided into several types, of which legal fruits is only one part. The current laws on the legal fruits in our country are not well-defined. In this connection, the scholars are highly controversial. And in real case, it is all the more tough to verdict the ownership of fructus. Based on the above, this paper attempts to expound the concept, demarcation and ownership to sort out the legal fruits. With the exception of the foreword and conclusion, this paper consists of three parts, with the main content as follows:The first part is study on the concept of f legal fruits. First of all, vertically, the legal fruits is an inevitable outcome of social and economic development. It has gone through taking root(foundation), sprouting(initial shaping) and standing a severe test(existence or abolishment). Secondly, horizontally, some civil codes accepting the concept of bi/tri-division of fructus have defined the legal fruits, significantly illustrated by the French Civil Code, the German Civil Code, the Japanese Civil Code and Taiwan’s “civil laws”. Furthermore, in China, there is no explicit definition on the legal fruits, about which different people have different views.The second part is discussion on the demarcation of legal fruits. To demarcate the legal fruits, the priority thing is to differentiate the relationship of the legal fruits with other relevant concepts, such as natural fruits, revenue and natural increment. Furthermore, in practical demarcation, the bonus from winning the lottery and stock dividend are the most worth discussing. After definition of the concept of the legal fruits and in real case, the legal fruits’ characteristics and essence will be naturally presented before us.The last part is discussion on the ownership of the legal fruits based on the existing laws in our country. The laws on the ownership of the legal fruits in our country is relatively scattered, mainly embodied in the slip laws including Property Law, Contract Law and Law of Commercial Banks. Therefore, the first thing is to pick out the regulations and rules on the ownership in these slip laws. The next is to apply these regulations rules to the intricate legal practice, with the aim of elaborating whether they are applicable to the real estate, leasing, mortgage and pledge.