Theoretical Study On The Concept Of Fructus

This paper begins with the introduction of a typical case, and takes different academic views on the legal nature of "calculus bovis" as the breakthrough point.Firstly,this paper discusses the pros and cons of each point, then analyses the question from the perspective of fructus,finally verify whether calculus bovis belong to fructus.After exploring the substantive law of our country, this paper found that the current legislation system on the concept has not defined fructus.In the meantime,by reviewing and analyzing the discussion and theory in our country yet, this paper found that there are significant differences in their opinions. So,we should search the answer in the process of researching the basic theory of fructus,exploring its origin,straightening out its development of the theory and legislation.Thus, the author examines the generation and distribution of fructus,analyzes the emergence and development of fructus concept of naturalistic and the expansion and development of the evolution of the concept of fructus of theory.At the same time,this paper analyzes the French law and German law on the definition of the concept and scope of fructus from the angle of the civil law perspective of the theory of inheritance.Based on above researches, this paper reviews the basic theory of fructus,make clear the core issues of adjustment object and the characteristics,constructs the concepts of fructus,define the natural fructus and legal fructus, and expounds the reasons of the definition, and puts forward the suggestions on legislation concept of fructus.At the same time,this paper puts forward some suggestions to the problems of defining the concept of fructus and the cohesion of our legal system,and discusses how to better define the concept of fructus to integrate into our existing legal system in the micro and macro perspective.