论夫妻婚后个人财产所得孳息的归属

发布时间：2018-06-14 18:00

本文选题：孳息 + 考量因素　；参考：《西南政法大学》2015年硕士论文

【摘要】：我国经济的快速发展,使公民所拥有的个人财产不仅在数量上迅速增长,而且其种类和范围也在不断拓展,这就使得婚姻关系存续期间夫妻双方所获得的个人财产和夫妻共同财产的数量和种类也在不断增加。而如何认定这些收益的归属成为一个亟待解决的问题,尤其是对于夫妻婚后个人财产所得孳息归属认定上。虽然《司法解释(三)》作出了规定,但由于婚姻法立法上的不完善,实践中对于某些夫妻财产认定存在较大争议;加之一些地方高级法院针对司法解释也存在各自的理解,进而作出适用于本地方的指导性文件,从而使得相同案件在各地法院作出不同的判决。这不仅不利于维护司法的公平正义,也使得普通公民在面临这一问题时找不到统一标准。因此,对夫妻婚后个人财产所得孳息归属这一问题加以深入剖析显得十分必要。笔者试图结合我国立法和实践,在分析有关问题和借鉴前人的研究成果上,对此问题进行探讨。文章主要分为五个部分(引言和结语除外),主要内容概括如下:第一部分为问题的提出。文章首先对相关案例作一简介,引出本文论点——夫妻婚后个人财产所得孳息的归属。第二部分主要阐述了孳息的概念与分类。首先介绍了孳息的定义与不同分类,其次论述了孳息与相关概念的区别。第三部分主要介绍了在婚姻法领域研究孳息归属的价值和意义。首先有利于司法机关正确处理夫妻间财产纠纷,其次有利于社会公众树立正确的婚姻家庭财产观念,最后对于规范婚姻家庭财产法,解决其与其他法律之间的冲突具有重要意义。第四部分重点介绍了孳息归属的相关考量因素。首先概述了国内对于夫妻婚后个人财产所得孳息分配的学术观点;其次介绍孳息归属的相关考量因素,主要包括明确婚姻法价值取向、承认家事劳动价值、体现夫妻协力以及维护夫妻关系平等等因素。最后一部分介绍了孳息归属的解决路径。主要介绍了实行不同夫妻财产制的国家或地区对夫妻婚后所得孳息的立法规定,并就我国实际情况提出相应的立法建议。
[Abstract]:With the rapid economic development of our country, the personal property owned by citizens has not only increased rapidly in quantity, but also has been continuously expanding in its variety and scope. As a result, the number and types of personal property and joint property acquired by husband and wife are increasing. How to determine the ownership of these proceeds becomes a problem to be solved, especially for the husband and wife after marriage. Although the "Judicial interpretation (3)" has made provisions, due to the imperfection of the legislation of the Marriage Law, there is a great dispute in practice about the determination of certain spouses' property. In addition, some local high courts also have their own understandings on the judicial interpretation. In turn, guidance documents applicable to the local area are issued, resulting in different judgments in local courts of the same case. This is not only not conducive to the maintenance of justice, but also makes ordinary citizens in the face of this problem can not find a unified standard. Therefore, it is necessary to deeply analyze the attribution of personal property after marriage. Based on the legislation and practice of our country, the author tries to analyze the related problems and draw lessons from the previous research results. The article is mainly divided into five parts (introduction and conclusion, the main content is summarized as follows: the first part is the question. This paper first introduces the relevant cases, and leads to the argument that the fruits of personal property after marriage belong to the husband and wife. The second part mainly expounds the concept and classification of fruits. First, the definition and classification of fruits are introduced, and then the differences between fruits and related concepts are discussed. The third part mainly introduces the value and significance of the research on the attribution of fruits in the field of marriage law. First of all, it is conducive to the judicial organs to correctly handle property disputes between husband and wife, secondly to the establishment of a correct concept of marital and family property by the public, and finally to the regulation of marriage and family property law. It is of great significance to resolve the conflicts between them and other laws. The fourth part focuses on the related factors of fruits attribution. First of all, it summarizes the domestic academic views on the distribution of fruits of personal property after marriage. Secondly, it introduces the relevant considerations of the attribution of fruits, mainly including clarifying the value orientation of marriage law, recognizing the value of family work. Reflect the cooperation of husband and wife and maintain the equality between husband and wife. The last part introduces the solution to the attribution of fruits. This paper mainly introduces the legislative provisions on the fruits of marriage in different countries or regions, and puts forward corresponding legislative suggestions on the actual situation of our country.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.9

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