The Ownership Of Post-marriage Income From Premarital Personal Property

The ownership of post-marriage income from premarital personal property is an important part of Matrimonial regime. There have no accurate concepts regarding three type of ownership of post-marriage income from premarital property in the relevant provision in law of marriage, which leading to many arguments among the theory and the judiciary. If the problem cannot be solved, not only will the family harmony and stability be adversely affected, but also the society value system will be provided the wrong guideline.Based on the theory of Husband and wife egalitarianism and Autonomy of private law, Matrimonial regime today spark plug the value of equality, freedom, fair, with the considering protecting the family harmony and stability and the nature of the common life. It is necessary for juridical practice to affirm the ownership of post-marriage income from premarital personal property by the contract or cooperation between husband and wife. It should be adding some legal provision about the definition and form of the income, revising the improper existing legal provision, citing the cooperation between husband and wife as the criterion judging the earnings during the marital relationship continues from premarital personal property. We can defend both the marital relationship and the private proprietary right in this way, and respect the independence of economic status of both sides, to keeping the family steady.In addition to the introduction and conclusion, this paper is divided into four parts:The first part is an overview of the ownership of post-marriage income from premarital personal property. This section describes the type of post-marriage income from premarital property, relevant legal provisions of China, and analyzes foreign legislation on this issue.The second part is the theoretical basis for the ownership of post-marriage income from premarital personal property. This section discusses the concept of modern legislation marital property system, and China’s current marital property regime.The third part is the criterion for the attribution of post-marriage income from premarital personal property. In this section, the author proposes to the contract or cooperation between husband and wife as a standard to judge pre-marital personal property income attributable to the marriage, and was discussed. The last part is to evaluate and make recommendations on improving the marriage law. It comments on the shortcomings of China’s current marital property regime and propose recommendations to improve the relevant legislation.