论夫妻一方财产在婚后收益的归属
发布时间：2019-05-27 01:40
【摘要】：在当今的中国社会,随着人口数量的增长、社会财富的积累,人们所有的个人财产的范围和类型都出现了大幅度的增加。这使中国的法律体系在夫妻财产方面面临着前所未有的挑战。而其中的一个挑战便是,随着一方婚前财产在数量和种类上的日益增加,使得其在婚后所获得的收益的数量、种类和产出方式也随之增加。从而,形成了相当规模的社会财富。因此,要如何认定这些收益的归属就成为一个目前急需解决的棘手难题。是应该将其认定为夫妻双方的共同财产,还是将其认定为一方的私有财产,或者是因情况的不同而分别认定呢?这不仅是法院在审判过程中无法避免的问题,同时,对确定夫妻双方在婚后生活中对这类收益应如何使用和处分,以及在市场经济条件下应如何处理交易安全的问题,也具有重要的指导意义。而我国现行婚姻法对此并没有明确的规定,司法解释的规定亦尚不清晰,不足以解决实践中存在的问题。本文就是在此背景下所写的,试图结合我国的立法现状及我国国情,提出完善我国关于夫妻一方婚前财产在婚后所生收益的归属的构想,为完善立法尽绵薄之力。 本文共分为四个部分： 第一部分首先是提出问题。通过引入案例提出本文所要论述的问题,继而论述了学术界对此问题的几种观点,并对这些观点进行了简单的评析。最后,分析了我国司法实务的做法以及缺陷。 第二部分是确定收益归属应考虑的因素及适用标准,首先分析了确定个人婚前财产在婚后收益的归属需要考虑的几种因素,然后提出认定收益归属的两个标准。 第三部分是具体收益归属的制度完善。依据前面两部分的论述,笔者具体分析了一方婚前财产在婚后的收益,并确定其具体的归属。 第四部分是其他制度的完善。笔者从立法和司法两方面谈了自己对完善个人财产收益制度的构想。
[Abstract]:In today's Chinese society, with the growth of population and the accumulation of social wealth, the scope and type of personal property of people have increased greatly. This makes China's legal system face unprecedented challenges in terms of marital property. One of the challenges is that with the increasing number and type of premarital property, the amount, type and mode of output of the income it receives after marriage will also increase. As a result, a considerable scale of social wealth has been formed. Therefore, how to determine the ownership of these benefits has become an urgent problem to be solved. Should it be recognized as the common property of both husband and wife, or should it be recognized as the private property of one party, or should it be identified separately according to the circumstances? This is not only an inevitable issue for the courts in the course of the trial, but also for determining how such proceeds should be used and disposed of by both husband and wife in their post-marital life, as well as how to deal with transaction security under the condition of a market economy, It also has important guiding significance. However, there are no clear provisions in the current marriage law of our country, and the provisions of judicial interpretation are not clear, which is not enough to solve the problems existing in practice. This paper is written under this background, trying to combine the current situation of legislation in our country and the national conditions of our country, put forward the idea of perfecting the ownership of the income of one husband and wife's premarital property after marriage, and do my best to perfect the legislation. This paper is divided into four parts: the first part is to put forward the question. Through the introduction of cases, this paper puts forward the problems to be discussed in this paper, and then discusses several viewpoints on this issue in academic circles, and makes a simple evaluation of these viewpoints. Finally, it analyzes the practices and defects of judicial practice in our country. The second part is the factors to be considered and the applicable standards to determine the ownership of income. First, it analyzes several factors that need to be considered to determine the ownership of personal premarital property after marriage, and then puts forward two criteria to determine the ownership of income. The third part is the improvement of the system of specific income ownership. According to the discussion of the first two parts, the author analyzes the income of one party's premarital property after marriage, and determines its specific ownership. The fourth part is the improvement of other systems. The author discusses his conception of perfecting the personal property income system from the legislative and judicial aspects.
【学位授予单位】：广西大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D923.9
本文编号：2485800
[Abstract]:In today's Chinese society, with the growth of population and the accumulation of social wealth, the scope and type of personal property of people have increased greatly. This makes China's legal system face unprecedented challenges in terms of marital property. One of the challenges is that with the increasing number and type of premarital property, the amount, type and mode of output of the income it receives after marriage will also increase. As a result, a considerable scale of social wealth has been formed. Therefore, how to determine the ownership of these benefits has become an urgent problem to be solved. Should it be recognized as the common property of both husband and wife, or should it be recognized as the private property of one party, or should it be identified separately according to the circumstances? This is not only an inevitable issue for the courts in the course of the trial, but also for determining how such proceeds should be used and disposed of by both husband and wife in their post-marital life, as well as how to deal with transaction security under the condition of a market economy, It also has important guiding significance. However, there are no clear provisions in the current marriage law of our country, and the provisions of judicial interpretation are not clear, which is not enough to solve the problems existing in practice. This paper is written under this background, trying to combine the current situation of legislation in our country and the national conditions of our country, put forward the idea of perfecting the ownership of the income of one husband and wife's premarital property after marriage, and do my best to perfect the legislation. This paper is divided into four parts: the first part is to put forward the question. Through the introduction of cases, this paper puts forward the problems to be discussed in this paper, and then discusses several viewpoints on this issue in academic circles, and makes a simple evaluation of these viewpoints. Finally, it analyzes the practices and defects of judicial practice in our country. The second part is the factors to be considered and the applicable standards to determine the ownership of income. First, it analyzes several factors that need to be considered to determine the ownership of personal premarital property after marriage, and then puts forward two criteria to determine the ownership of income. The third part is the improvement of the system of specific income ownership. According to the discussion of the first two parts, the author analyzes the income of one party's premarital property after marriage, and determines its specific ownership. The fourth part is the improvement of other systems. The author discusses his conception of perfecting the personal property income system from the legislative and judicial aspects.
【学位授予单位】：广西大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D923.9
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