论文部分内容阅读
我国夫妻个人财产婚后收益归属的学说有共同财产说、个人财产说和部分共同部分个人说,分别以婚后所得共同制、孳息随原物理论和贡献理论为法理依据,最高院最终采用贡献理论作为处理夫妻个人财产婚后收益的法理依据。司法实践在适用贡献理论处理婚后收益时,夫妻共同财产的范围以贡献对应的那部分孳息或增值为限。
The doctrine of attribution of marital interests in marital property of husband and wife has common property. That is to say, part of personal property and common part of individuals say that they are jointly controlled by income after marriage, and the fruits of interest accrue with the original theory and contribution theory, and the Supreme Court eventually adopts Contribution Theory as a Jurisprudence Basis for Handling the Marriage Income of Couple ’s Personal Property. When judicial practice applies the theory of contribution to the proceeds of marriage, the scope of the joint property of husband and wife shall be limited to the part of the yield or value-added corresponding to the contribution.