Research Attributable Income Of Married Couples Personal Property

China’s current Marriage Law was revised in2001, and the Supreme People’sCourt has issued judicial interpretation for three times in order to provide betterguidelines to make the law adapt to the changes in society. Especially on August9thin2011, the issuance of third version of judicial interpretation has brought huge attentionand disputes among the civil experts, practitioners, and ordinary people starting fromits issuance of consultant draft. For the income or profits from the personal propertyafter marriage, Article Five prescribes that fruits and natural value-added frompersonal property after marriage belongs to individual according to the Property Lawin order to protect personal property, which is in confront of our traditional maritalproperty system that fruits obtained after marriage belongs to couple jointly. Thisessay, from the start, tries to combine foreign legislation, as well as the status quo ofChina’s legislative and judicial practice, further do the study on rebuilding the systemof profits of personal property after marriage.This essay is divided into five chapters as follows:Chapter One: the general overview on the profits of couples’ personal propertyafter marriage, mainly to discuss its definition, scope and classification, and brieflydescribes the current academic study relative to this issue.Chapter Two: A comparative study of the foreign-related legislation, mainlythrough the introduction of system in the regime of separate property and commonproperty regime on profits of personal property after marriage in order to provide thebasis for discussion below.Chapter Three: Through study on foreign legislation and comparing the issueunder various property system with each other, this part mainly discuss the commonlegal basis which provide guidance to the adjustment of the marital property relations,that is, the principle of couples cooperation and its function in the adjustment of themarital property, thus recognizing partnership between husband and wife and socialvalue of housekeeping. We should identify how the profits originate, for example, how to define couples cooperation, if it includes the nature of couple cooperation, thegains from the personal property shall be shared by the couple.Chapter Four: Introduction to the state quo of legislation of our country, andfrom the perspective of cooperative principle, review our existing problems, that is,not really implement the principle of couple cooperation; the application conflictbetween Marriage Law and Property Law. Because of the absence of basic principle,legal lag problem is increasingly obvious, that is, once encountered new problems inpractice, confusion from people will be arisen.Chapter Five: From the theoretical and practical point of view, this part reviewsour system on profits from personal property after marriage and when Marriage Lawand Property Law are in conflict, Marriage Law shall prevail. And from the point ofcooperative principle, together with practical and academic points of our country, thepart discusses specific identification of ownership types, and tries to propose theestablishment of labor income after marriage in common share with compensation invalue system.