Ownership Determination Of One’s Prenuptial Property As Its Form Changed During The Marriage

As the legal content of private property of the couple, prenuptial property is an important source of personal property during the marital relationship, and also a special existence in China under the statutory common regime after marriage. Prenuptial property represents the protection to independent and individual property rights outside the marriage relationship. In the dispute that the property changed by prenuptial property in form, the judges have completely opposite opinions because of a sharp division over the interpretation of the nature of property. In fact, the controversial point of such cases focus on "whether the property’s ownership is affected by the change of the property in form". In the application of law, there are mutual conflicts between the relevant provisions of the marriage law and its judicial interpretations. Meanwhile, due to the influence of the different marriage legislations, there are great discrepancies between personal property protection and the maintenance of the marriage community. Therefore, it balancing the interests of individuals and protecting the stability of marriage is that have become the necessary to deal with such cases. This thesis tries to take the position of the judicial trial as the basic point, to explore the legal basis for the reason of the judge, and to give some corresponding judicial recommendations to addressing this issue.The first part introduces the judicial status of the ownership of premarital property after its changes in form analyzing the property types behind the different ownerships and the reasons of the judgement, and discovers the contradiction of the relevant provisions of the marriage law in the process of law application.The second part, firstly, based on the general situation of the marital property system of our country, tries to find out the relevant historical background of the current statutory property regime to understand the rationality of implementation of marital common income system, and deeply understand the legislative concepts behind the marriage law. Secondly, it tries to distinguish the definitions of two concepts compared with other countries of marital community property and personal property. The certain conclusion should be reached that premarital property with transformation is generally personal property. The second half of this part specifically analyses the typical forms of ownership of premarital property, and points out the impact brought by the registration of property rights and the form of money on property’s ownership. Then it reveals the conflicts in the current marriage law legislation and the contradiction existing in legal interpretation about "profit", from the three different concepts of personal property, including fruits, value-added and investment gains. In the meanwhile, the paper proves the correctness of that earnings should be attribute to the husband and wife together, in the guide of the community of marriage law and common investment philosophy.The third part of this thesis, holding the point that premarital personal property transformation does not affect the ownership of the property, puts forward the rule of the evidence of the property that should be adhered in the judicial practice. In the process of making judgement, some trail principles should be remembered and pursued, such as the justice principle of the marriage law, taking care of the children and women and so on. Then it gives advises about the addition of personal property registration system and the right of claim for increased amount of personal property to perfect marital property system, in order to solve the property division dilemma that comes from morphological changes of prenuptial property and hotchpot.The fourth part is the conclusion part, summarizing the main contents and viewpoints of this thesis.