An Analysis Of The Property Disputes Between Zhang Moujia And Zhang Moyi

Article 5 of the Interpretation of the Marriage Law of the People's Republic of China(hereinafter referred to as "Interpretation of the Marriage Law(3)"),for the first time,the attribution of the property income of the husband and wife before marriage is clarified for the first time,but the fruits and natural value of the income are added to the income Excluded from the common property of husband and wife,and the article does not specifically explain what is fruitfulness and natural value-added.To a certain extent,this is not conducive to the settlement of related disputes,which increases the difficulty of the court 's judgment and affects the harmony of family life and social harmony.This article explores the perfection of the property attribution system before marriage through the study of the case "Zhang Moujia and Zhang Mouyi's property dispute case after divorce".The controversial focus of the case is whether the rent of the house involved is statutory fruits or operating income,and should be attributed to personal property or joint property.Fruits and business income are different forms of income in marital life,they are different in that business income contains people's labor processing.If the rent of the house is obtained from the management of the other spouse,it shall be regarded as operating income and shall be attributed to the joint property of both spouses.Specifically,when the legal provisions are unclear,when disputes arise over the ownership of the husband ' s pre-marital property,the various factors in the marital relationship should be comprehensively considered,such as whether the spouse paid directly or indirectly for the acquisition of the fruits Labor,which determines the attribution of fruits according to the actual situation,not the indiscriminate application of law.Determine whether the fruits of thefruits are contributed by the other party,and then determine the ownership of the fruits,so as to achieve the purpose of protecting the interests of both spouses and maintaining social stability.