The Ascription Of Fruit

Taking fruit is an important way for people to gain the property right. The right of attribition on fruits has drawn the attention of the most countries and areas in the world.Owning to the diversity of its forms and ways of manufacture,fruit's ascription issue seem to be complicated.The attaching of fructus natureles is opposite between "Substantialprinzip" and "Produktionsprinzip".And the ascription of fructus civiles is always made sure by the obligation law.In china,legislation of the fruit get up lately in compare.It is the first times that bring forward definitudly the general principle of fruit's ascription.Before the rules of fruit existed partly in the warranty law,the explanation for the warranty law,and the law of contract,and so on.The legislation looks like such simply and dispersedly. Can it solve such complicated problems of fruit's ascription? Maybe it will be examined by practice.The paper just analyzes the principles of fruit's ascription and the base of theory,and discusses the problems existing in the present situation of the legislation and practice of our country.The thesis includes four parts just as the following.The first part analyzes the concept,type and the condition of fruit. The precondition to confirming the fruit attaching is cognizance of fruit. The thesis believes that fruit is a kind of profit gaining by the owner based on some nature of substance or some rights,but not all the profits are fruits.Even though there were undivided fructus according to present law, division from the original object is the legal condition for the existence of fructus.There are two tapes fruits in the property law of our country: fructus natureles and fructus civiles.The second part discussed the legal principle and theory base.First,it introduces the legal principle of the ascription of fruit and analyzes the forming process and influence of it,and to explore the theoretical evidence of the principle of the belongingness of fruit.The third part investigated the legislation of the fruit's ascription of our country.From the historitical view,analyzed the legislation of both ancient and contemporary rules of fruit,and compared it in different regions of china,in order to the root of the development of fruit legislation in China to find out the negative aspect of it.The fourth part gave the suggestion of the fruit legislation of our country.It inclouds that explaining the concept of fruit,and perfect rules of the fruit's ascription,and to protect the right of gaining fruit for the ususfructary and holder in good faith.In a word,the thesis believes,the legislation of fruit's ascription must take care of all kinds of causes for getting fruit,and should protect the profit of the obligee,and carry out the legal justices in distributing of fruit.