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The Research of the Legal Theory and Practical Issues about Original and Fruits

Author: ZhangXia
Tutor: ZhouHuiBin
School: Hunan Normal University
Course: Civil and Commercial Law
Keywords: Original Fruits Fruits Natural Fruits Civil
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 229
Quote: 2
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Abstract


Original and Fruits is a mode classification of property since the ancient Roman. From the initial agricultural society based on pure "naturalism," to the modern civil law reflecting the meaning of " economic and social". The concept of fruits theory has undergone a corresponding evolution and development. Originals and fruits of the theory and practice Is a neglected relatively weak link in the legislative level or the doctrine level in our country. It remains many questions to be solved, such as defining the concept of originals and fruits, the category and the scope of the fruits, the nature and classification Of it.Defining the concept of originals and fruits correctly is the premise to research all kinds of questions. It indicated that if original and fruits is a mode classification of property, original includes only the property, excluding right. And we should solve two issues in advocating on how to identify fruits. One is the relationship between fruits and the original, the other is the difference between fruits and related concepts.Modern civil law countries are generally divided fruits into the fruits natural and the fruits civil. According to the present theory horizon, fruits should abandon the fruits civil, and return to the naturalism, the reasons of it are not adequate and returning of the concept of fruits is a regression. In addition, we also did some analysis on the necessity of the fruits fortunately concept existing. The purpose to distinguish property of originals and fruits is to decide the affiliation of fruits. It has different legal rules of attribution between the fruits natural and the fruits civil. There are many existing laws of our country about legal provisions on the fruits attribution, but it also necessary to made some typical research on specific issues of fruits attribution in practice.In our current legal system, there are much to perfection in the law of fruits. We should take it seriously when enacting civil code.

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