摘要
夫妻一方婚前财产于婚后所生利益的归属历来较有争议。本文首先将这些利益划分为孳息、投资收益和增值三个种类;然后对国内学者的不同观点进行了总结;在此基础上提出确定其归属的一般规则和补充规则:一般规则是如果婚后利益的产生体现对方协力则作为共同财产,否则仍为个人财产;补充规则是如果一方仅以婚前财产所生利益为唯一收入来源,则将其中一部分视为共同财产;最后提出完善我国婚姻立法的条文设计方案。
There is always the dispute for the couples＇ property held before the marriage and the fresh benefit ownership after the marriage. Firstly this thesis divides these benefits into three types of yield, investment income and increment. Secondly it carries on the summary of overseas legislation experience as well as the domestic scholar＇ s different viewpoint, and on this foundation proposes the general rule and the supplement rule to fix on its ownership. The general rule is if the benefit production after marriage incarnates the opposite party＇ s effort, and it is joint property, otherwise still as personal property. Supplement rule is if one side only takes property held before marriage as only source of income of fresh benefit, then regards as part of the joint property. Finally it gives some proposals to consummate marriage legislation of our country.
出处
《当代法学》
CSSCI
北大核心
2008年第5期117-122,共6页
Contemporary Law Review
关键词
婚前财产
婚后所生利益
孳息
投资收益
增值
antenuptial property
fresh benefit after marriage
yielda
investment income
incre-ment
