| Explanation（I）of Supreme People’s Court about the Application to Marriage and Family Arrangement of the People’s Republic of China Civil Code（below is abbreviated as Marriage and Family Explanation Arrangement（I）of Civil Code）has been officially implemented on 1st,Jan.,2021,among which terms concerning property content have caused discussion,however,Artic le 26 in Marriage and Family Explanation Arrangement（I）of Civil Code has even more generated many disputes,it has regulated that“The income generated by personal property of one party of spouse after marriage should be identified as marital community property except coupon and unearned increment.”,this is the first time for legislation of our country to conduct identification of coupon’s attribution in legis lation field of Marriage Law,which however has generally regulated coupon into marital personal property and has excluded community property from belonging range of coupon benefit generated after marriage by marital before marriage personal property in legis lation field,this kind of legis lative concept source has lied in the idea that traditional Civil Law has focused on the protection of personal property.As Artic le 26 in Marriage and Family Explanation Arrangement（I）of Civil Code has been in consistent with legis lation original text of Article 5 of Marriage Law Explanation（III）and in recent years’cases judges have quoted Artic le 5 of Marriage Law Explanation（III）,therefore the artic le has regarded Artic le 26 in Marriage and Family Explanation Arrangement（I）of Civil Code as well as Artic le 5 of Marriage Law Explanation（III）as core to study ownership problem of coupon earned after marriage of marital personal property,which has been of important sign ificance to theoretical cycle as well as practical field.The article has been constituted by three parts,which inc lude introduction,main body and epilogue.The main body has been divided into four parts,the first part has regarded two cases of divorce dispute cases as entry point to draw forth contradiction and conflict between individual ownership of benefits earned by personal property before marriage and joint ownership system of marital family property.The artic le has conducted theoretical analysis to coupon,investment benefit and unearned increment,different doctrines of benefit attribution of benefit earned after marriage for personal property before marriage mainly have been doctrine of individual ownership,doctrine of common ownership,doctrine of partial individual and partial common ownership.Focusing on Article 26 in Marriage and Family Explanation Arrangement（I）of Civil Code as well as Artic le 1062 and 1063 of Civil Code,the third party has emphasized to interpret current condition of our country’s benefit earned after marriage of personal property before marriage in legis lation and judic iary and has conducted analys is;the fourth part has put forward promoting route aiming at its shortcomings in emphas is,this part has mainly included contents of two aspects:one is to confirm the attribution identification standard for benefit earned after marriage of personal property before marriage from time angle and“paying out”angle;second is to conclude out the condition that benefit earned after marriage of personal property before marriage attributes to personal property of marital one party or martial two party community property.In our country,as our country’s traditional marriage family concept has possessed conflict in protective concept of personal property with Civil Code,therefore benefit earned after marriage of personal property of one party of couple can not be generalized to be community property or personal property,which should be analyzed concretely according to concrete problem and should confirm its attribution by combining the existing regulation of law,at the same time of protecting personal property right,the artic le has pursued stable and happy marriage and family relationship to reach the fusion of legal principle and reason. |
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