Author(s)

Yixuan Chen ¹

Affiliation(s)

¹ Gannan University of Science and Technology, Ganzhou, China

Corresponding Author

Yixuan Chen

ABSTRACT

At first, this paper reviews the law and traces the legislative process of China's marital personal property, and then analyses the theoretical framework of the attribution of postmarital fruits on personal property by comparing the academic and practical definitions of fruits, and by exploring the appropriate principle of attribution of fruits in conjunction with China's matrimonial property system - the principle of synergy. Building on previous studies, this paper develops a comprehensive understanding: taking the divorce case of Guo Mou and Feng Mou heard by the Supreme Court as a typical case, it carries out empirical analyses and logical reasoning to solve the problem of the attribution of interest and equity gains, to explore the application of its theories in practice, and to look into the three major theoretical deficiencies reflected in judicial practice: the lack of clarity in the legal provisions, the duplication of application of the two theories, and the lack of clarity in the definition of economic contribution. Finally, it is envisaged that by improving the legal system of fruits and strengthening the regulation of premarital property agreement, it will help to further regulate the property relationship between spouse, safeguard the legitimate rights and interests of both spouse, and promote the stability of marriage and the happiness of the family.

KEYWORDS

Premarital personal property, postmarital fruits attribution, collaborative principle, theoretical studies, empirical analyses

CITE THIS PAPER

Yixuan Chen, Theoretical Application in Judicial Practice of the Attribution of Fruits on Premarital Personal Property after Marriage—Supreme Court Guo and Feng Divorce Case as an Example. Science of Law Journal (2023) Vol. 2: 114-123. DOI: http://dx.doi.org/DOI: 10.23977/law.2023.021217.

REFERENCES

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