The Ascription Of The Fruit Produced From Couples Personal Property

The explanation of the application of The Marriage Law Interpretation III of People's Republic of China(hereafter referred as Marriage Law as follows)considers the fruits as private property of husband or wife,which break away from the legislative concept of the marriage law,and neglects that the property relationship of marriage and family is based on the identity of the relationship between husband and wife,blindly following the theory that fruits from the original of property law deviates from the attributes of the marriage,so it raises the academic debate,this paper from four aspects to introduce the fruits of private property of husband and wife belong to whom?The first part,searching on some judicial cases of the fruit of personal property ascription produced during marriage,we found that the judicial and legislative derailment and the problems existing in the judicial itself through analyzing and studying the process of the court's decision and reasoning.And then,we can explore the definition of fruit and the relationship between the marriage law and property law.The second part introduces the theory about the attribution of the fruits of the private property produced during marriage,including the following three theories: one is personal property,which is to think of the fruits belongs to the original according to Article 116 of the property Law and Article 5 of the interpretation of the Supreme People's Republic of China(III);Second,the theory of community property,which is to think of the fruits belongs to the couple according to community ownership of the incomes after a marriage;Third is part of the property which is to think of the fruits are both personal property and also husband and wife common property on the basis of a "passive appreciation theory" "contribution theory" and "husband and wife together theory",this paper argues that taking "husband and wife together" theory is more reasonable based on marriage and family property.The third part describes the relevant improvement Suggestions,summarizing the judgment standard of fruits attribution,including time and contribution standards,time standards is mainly refers to the fruit is obtained during the existence of marriage,the contribution standards is “husband and wife together theory”,which affirm the value of family labor.This paper clarifies the importance and necessity of the connection between the property law and the marriage law,as well as the connection methods,and puts forward Suggestions on the improvement of the interpretation of the Supreme People's Republic of China(III)at the legal,legislative and judicial levels.