Problems of the belonging of post -marriage income generated by personal property before marriage，It has always been a issue in the field of marriage law in my country，"Draft Civil Code · Marriage and Family Editor" remains silent，The Supreme Court of Supreme Court formulated the "Explanation of Several Issues of the People's Republic of China on Marriage Law (3)" (3) (hereinafter referred to as "Explanation III").。This directly leads to a problem in judicial practice，Typical questions such as: the rent obtained by the husband and wife who obtained ownership before marriage, the rent obtained by the lease during the marriage existence，Is it still owned by the other person? recently，Shanghai First Intermediate People's Court overturned the original judgment in the second instance，It is found that the above rent is not belonging to Article 5 of the Explanation III "，Therefore, it belongs to the common property of the husband and wife。

The Shanghai First Intermediate People's Court starts from the "Marriage Law" of the "Marriage Law" of "husband and wife"，Introducing the "Principles of the Property Law" of the "Integration with the original" in "Explanation III"，The judgment is reasonable。However, the reason for the judgment cannot be widely used，The reason is: first，Rent、Interests and other income are identified as non -interest，There is still room for discussion in the doctrine，But if there is a problem of the natural interest of personal property before marriage in the practice，There is no reference value for this judgment，The category of being attributed to the breath of natural interest is impeccable in legislation and theory of learning; followed by，In many cases, the positioning of personal property before marriage is not clear，If the orchards contracted before the Bet365 app download marriage of the husband and wife, the fruit garden is real after marriage，If you return to nature，It belongs to the side of the side alone，If it is returned to production and business income，It belongs to the common part of the husband and wife;，The proletarians among the husband and wife are generally contributed to the income of the personal property of the producer，This contribution may be a direct labor payment，It may also be indirect support help，The judgment does not oppose the provisions of the "Explanation III"，Still identifying the post -marriage post -marriage after marriage, the interest of the person who produce is owned by the producer，This is not in line with the legal basis of the common property system of husband and wife。

There are differences in judicial practice，Investigating its fundamental，It is an unclear existence of legal interpretation。"Interpretation III" position is to divide the post -marriage income of personal property before marriage into interest、Natural value -added and production and business income:，and stipulate that interest and natural value -added belong to the separate husband and wife，Production and operational income is that both husbands and wives are common。​​Observe from the theory，​​This regulation exists in the following shortcomings。

First，Vaguely divided by extension。孳 孳、Division of natural value -added and production and business income is not extension，Due to the statutory interest rate in the interest and production and operational income, there are certain overlapping。Just as in the above judgment，The qualitative of rent is controversial，The reason is that my country's "Property Law" is interesting、Natural interest、The connotation of legal interest is not made clearly。There is the doctrine of learning，"Property Law" will rent、Interests, etc. The income from legal relations is defined as legal interest rate，The provisions of the category of returning to the interest are unreasonable: bet365 best casino games First of all，Rent、Interest, etc., is paid by the obligations，The originals in the corresponding legal relationship are not involved，and there is an inevitable physiological connection between natural interest between natural interest; in addition，Rent、Interests of interest, which actually depends on the way of preaching，That is, the ownership of the obligation person，The ownership of the natural interest is first obtained by the right holder，It belongs to the original gain。To sum up，There is a essential difference between legal interest and natural interest。Breath refers to the new thing breed by the original，Therefore, there is no difference between natural interest and legal interest，Breath should only contain natural interest，Rent、Interests and other income do not belong to the category of interest。

2，The theoretical foundation is dislocated。my country's "Marriage Law" adopts the common property system of husband and wife，Its legal basis is "husband and wife cooperation"，Among them, indirect coordination such as acquiring property or direct cooperation of property appreciation and support for care。Based on this，The husband and wife should be obtained in accordance with the Labor Law、Donaters obtained by the "Contract Law"，Both the special provisions of the Marriage Law are common for the husband and wife。This is because of the main regulations of the law such as the Labor Law and the Contract Law，"Marriage Law" is focused on internal relationships，It is a special regulation on the property obtained during the duration of marriage。Similarly，The general rules of the "interest with the original" in the "Property Law" are no longer applicable to the ownership of personal property before marriage.，This kind of interest should be attributed to the common property of the husband and wife。

third，Lack of supporting rules。On the comparison method，The existence of the property system of the husband and wife、Personal all、Partial three legislations，If the "Russian Federal Bet365 lotto review Family Code" stipulates that the property obtained after the Bet365 app download marriage of the husband and wife is owned by the individual; France has adopted the third model，At the same time, absorb the "contribution principles" proposed in the US jurisdiction at the same time，Established a complete compensation system for husband and wife mutual property。other，Russia and France have affirmed the value of housework labor。That is to say，Although in Russia and France，The ownership of certain post -marriage property is obtained by the husband and wife alone，But the other party who pays the labor can get the corresponding compensation immediately，and this kind of labor is not limited to contributing to property directly for property。And the scope of applicable to apply the right to economic compensation request stipulated in my country: When the husband and wife agreed to apply the property system，The party paid for the family can only request compensation，It must be based on divorce。In the case of incomplete supporting system，The balance of the law tends to the protection of personal property，ignore the value of the husband and wife community。

Before the relevant laws have not made a clear stipulation on the above issues，In judicial practice, it is necessary for judges to reach a fair and fair judgment through legal interpretation，Legislative departments should also formulate relevant laws as soon as possible，。

First，Explanation theory: Performance of the type of income and supporting measures。First，At present，Including interest、Natural value -added and production and business income。This extension is not clear in the environment of my country's laws，Because the "Property Law" has proposed the concept of legal interest，but did not define its connotation，This left space for the legal interpretation。As described above，Rent、Interests and other income should be regarded as production and business income，belongs to the common property of husband and wife。other，According to the "Contribution Principles"，The natural interest harvested by bet365 Play online games the joint labor of husband and wife should also be attributed to the common property of the husband and wife，Although in the current context of Chinese law，This kind of interest still belongs to the owner of the producer，But in judicial practice, the proletariat that pays labor should be allowed to compensate for compensation for non -cause management，Because the husband and wife are the legal community，But the husband and wife obligation stipulated in the Marriage Law does not include contributing to the property income of one party，Therefore, the efforts to pay for the proactive party are not fulfilling the legal obligations。

2，Legislative Theory: Clarify the legal basis of various types of income belonging。The Marriage Law clearly stipulates that the wages after marriage belong to the common property of the husband and wife，The reason is that marriage is actually an identity contract，Wages as the income brought about by paying for pure labor，It should be shared by the husband and wife due to the close personal relationship between the husband and wife。Similarly, you can get，Production and operating income attributed to the common property of the husband and wife, it is also in accordance with the legal，Because most of them depend on labor，Although the existence of the original (such as machinery and equipment) also played a certain role，But these production tools can never actively add value。This can be seen，Rental、Interests, etc. The so -called "legal interest" is attributed to production and business income.，Because rent、Interests of interest and other income are based on legal behavior，This means simple originals (such as bank deposits、Rental property) No income is not necessarily generated，Only when the owner actively concludes legal relationship with others，Only accumulates benefits，And the above -mentioned others are not using the original items，Still need to pay for the income of payment in accordance with the contract，This means that the incidence of this type of income depends more on labor rather than bet365 Play online games the original。other，According to Marx's surplus value,，Produced new labor products and transform it after selling it through the market to have a value -added，generate so -called interest。It is not involved in the capital，Only created for the production processor, that is, the worker。

Natural interest rates and natural appreciation are different: natural interest is the income generated by the original law，Natural value -added is the income generated by the original property in accordance with the laws of socioeconomic laws，It seems to have no contact with labor，According to the "Contribution Theory"，It should belong to the personal property of the property。But the number of natural interest is related to labor -related，Such as a husband and wife jointly cooking orchard，Fruit yield may increase，The income will also rise; the natural value -added of the personal property before Bet365 app download marriage of the husband and wife may make the other party pay the opportunity cost，If you give up the opportunity to buy a house。other，The behavior of the husband and wife one of the housework will also reduce the opportunity cost that the other party should affordable，so as to increase net income。To sum up，Natural interest and natural value -added should also belong to the common property of the husband and wife，But for the balance of personal interests，This common property should be presarding，Some producers can overthrow this conclusion through proof of proof。

This system design also caters to the principle of the "Property Law": production and business income is generally reflected as money，Money "possession is all"，Therefore, it belongs to the common property of the husband and wife;，The legal effect of the possession of objects is to presume all，Therefore, it is stipulated as a husband and wife to share，But can be proved to overthrow。The property system of husband and wife is the most important part of the marriage system，A reasonable marriage property system is a booster for family stability。So，We should abandon the concept of capital priority to labor，Acknowledge the value of housework，A balance between protecting personal property and maintaining bet365 Play online games the marriage community of marriage。

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