论夫妻个人财产婚后所生孳息的归属

On the Attribution of the Fruits of Marital Personal Property after Marriage

在夫妻个人财产婚后所生孳息归属的问题上,最高院立场踌躇、修改反复。《婚姻法解释(三)》正式稿摒弃了征求意见稿中的贡献理论而改采孳息从原物理论,此做法不足为训。我国未来修法时应重拾贡献理论,此处"贡献"包括间接贡献。贡献理论贯彻协力原则,与我国婚后所得共同制相契合,此处"所得"指"劳动所得"而非"劳动和运气所得"。贡献理论下,除非夫妻任何一方对于孳息的产生均无贡献,否则孳息原则上归属于夫妻共同财产。具体而言:夫妻个人财产婚后所生天然孳息归属于夫妻共同财产;夫妻个人财产婚后所生法定孳息视租金与利息区别对待,租金收益归属于夫妻共同财产,利息收益归属于夫妻个人财产。

On the issue of the ownership of the fruits after the marriage of the couple, the Supreme Court held back and revised it repeatedly. The official manuscript of ＂Matrimonial Law Interpretation（3）＂ has rejected the theory of contributions from the original theory, which is not sufficient for training. We should regain our contribution theory in the future revision of the law. Here, ＂contribution＂ includes indirect contributions. The contribution theory is based on the principle of cooperation, and it is in line with our country＇s post-marital common system. Here, ＂gain＂ refers to ＂labor income＂ rather than ＂gain from labor and luck.＂ According to contribution theory, unless the husband or wife has no contribution to the production of the fruits, the interest in principle belongs to the common property of the couple. In particular, the natural fruits of husband and wife＇s personal property belong to the common property of husband and wife after marriage. The legal fruits of husband and wife＇s personal property after marriage are treated as rent and interest. The rental income belongs to the common property of the couple, and the interest income belongs to the couple＇s personal property.