The Ascription Of The Fruit Produced From Couples Personal Property

The scope of personal property of couples are clearly defined in The Marriage Law of the Peoples Republic of China(hereafter referred as Marriage Law as follows), it provides protection and respect for personal property during their marriage life, and it allows the couple to exercise their personal rights on a bigger scale and meet the personal financial needs, so the couples could manage to keep their property independent. In the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the Marriage Law of the People’s Republic of China(III) there’s interpretation of the fruit ascription produced during marriage for the first time, but this problem has not been clearly defined. The ownership of fruits property is one of the hottest issues in China’s judicial field; if the legislation is not reasonable and not exactly close to life, it will affect the family and social harmony in a certain extent.There are 5 parts in this thesis; In the first part, I present you the problem of fruit ascription of personal property during marriage through 2 cases, in the Marriage Law Interpretation(III), Article 5 Proceeds generated, after marriage, from the property of either of a couple, except for fruits and unearned increments, shall be determined as community property. But just like premarital individuals reared livestock, after marriage livestock need couples to feed them together, and fruits has been clearly defined as individuals belongs, not as joint properties. This way the other partner’s effort was not being considered into, so it might cause the instability of marriage. In the second part, I analyzed the Chinese legislative and judicial attitude towards fruit ascription of personal property during marriage and The Supreme People’s court’s theory change between sub-original attribution and contribution during Marriage Law Interpretation(III), so we can deduce that there are the flaws of Marriage Law Interpretation(III) because of vague boundaries between Marriage Law and Real Rights Law, lack of consideration for the other partner.Finally, based on the results of previous studies, in this paper, we plan to establish a comparative legislative model, in which way, we firstly distinguish the category of fruits, then the legal fruits should be allocated in accordance with the sub-original attribution theory, and the natural fruits should be allocated as Proportional contribution of the spouses based on the theory of Contribution.