Article 1063
The following property is the personal property of one of the spouses:
(1) One party's premarital property;
(2) Compensation or compensation received by one party for personal injury;
(3) Property that is determined in a will or gift contract to belong to only one party;
(4) Daily necessities for the exclusive use of one side;
(5) Other property that shall belong to one party.
I. Purpose of this Article
This article deals with the scope of the personal property of the husband and wife.
II. Evolution of the Provisions
Article 18 of the original Marriage Law, as amended in 2001, stipulates that: "In any of the following circumstances, it shall be the property of one of the spouses: (1) the property of one party before marriage, (2) the medical expenses and living allowance for the disabled received by one party due to bodily injury, (3) the property determined in the will or gift contract to belong to only one of the husband or wife, (4) the daily necessities for the exclusive use of one party, and (5) other property that should belong to one party." The Civil Code has adjusted and absorbed this provision, which is embodied in the following: (1) amending "the property of one of the spouses in any of the following circumstances" to "the following property shall be the personal property of one of the spouses", which can not only prevent ambiguity in expression but also ensure conciseness in the wording; (2) amend "medical expenses and living allowances for the disabled received by one party due to bodily injury" in item 2 to "compensation or compensation received by one party for personal injury" (3) In subparagraph 3, the words "property belonging to only one spouse" were amended to read "property belonging to only one spouse" in order to keep the text concise.
3. Interpretation of Provisions
This article regulates the scope of the personal property of the husband and wife.
The personal property of the husband and wife protected by law is the property of one of the spouses himself, which is personal property and is not considered to be the joint property of the husband and wife. The personal property of the husband and wife is protected by law.
The scope of the matrimonial personal property is:
(1) Premarital personal property. The currency and the general means of production and means of subsistence owned by the individual before marriage shall be owned by the individual and shall not belong to the joint property of the husband and wife.
(2) Compensation or compensation received by one party for personal injury. Compensation or compensation for medical expenses, living allowance for the disabled, etc., received by one party as a result of personal injury is compensation or compensation for personal injury. This type of property is of a personal nature and is used to ensure the basic expenses of the victim's livelihood, which must be owned by the individual and cannot be regarded as the joint property of the husband and wife.
(3) Property that is determined in the will or gift contract to belong to only one of the husband or wife. If the donor or the decedent expressly donates or inherits the property to an individual, it reflects the true will of the property owner to dispose of the property, and is entirely the content of ownership. These properties are the personal property of the husband and wife.
(4) Daily necessities for the exclusive use of one party. Personal clothing, books, materials, etc., are all highly personal property and are personal property. There are also many people who fight for these properties in divorce disputes. Among the items of daily life, valuables and other luxury goods are excluded, because these items are of great value and it is unfair to belong to one party entirely.
(5) Other property that shall belong to one party. Including: 1) the part of the appreciation of personal property before marriage. The appreciation of personal property before marriage after marriage shall be divided into two parts: the appreciation of the part that has been jointly managed and operated by the husband and wife shall be the joint property of the husband and wife; 2) The demobilization allowance, transfer fee, medical subsidy and production subsidy for demobilized and demobilized servicemen shall always belong to the individual. 3) The life insurance benefit of one of the spouses. Life insurance benefits, injury insurance benefits, etc. are of a personal nature and can only be used as personal property. 4) Other personal property. Prizes and bonuses closely related to personal status, scientific research allowances for outstanding scientific workers funded by the state, manuscripts, manuscripts, artwork designs, sketches, etc., created by one party, shall always be owned by individuals.
4. Cases
Ni v. Li, a dispute over the confirmation of ownership
Facts: Before registering his marriage with Li, Ni signed a compensation agreement with the development company for the demolition and resettlement of two houses. After the marriage, when the property rights of the two houses were registered in accordance with the law, it was stated that the property owner was Ni and the co-owner was Li. Ni Xiankui appealed to the court to confirm that the two houses were his pre-marital personal property obtained through demolition and should belong to him alone. The court of first instance held that the houses involved in the case were all demolished houses of Ni's pre-marital property and were his pre-marital property, and the parties had not made a written agreement that the two houses were jointly owned by both parties, so the two houses should be Ni's property. Li was dissatisfied with the first-instance judgment and filed a complaint. After the procuratorate protested, the court conducted a retrial. The retrial court held that although the two houses in dispute had been registered as jointly owned by Li and Ni, the facts reflected that the original acquisition of the two houses was Ni's personal demolition of the house before marriage, and the two parties did not agree in writing that they were jointly owned, so the two houses should belong to Ni alone.
5. Analysis
According to Article 18 of the Marriage Law on the personal property of husband and wife, Ni has the right to request confirmation that the two houses are his personal property. Pre-marital property is the personal property of one of the spouses, and the party who has ownership of the pre-marital property may independently manage, use, benefit from and dispose of the property, and the property shall not be converted into joint property of the husband and wife as a result of marriage. The focus of the dispute in this case is whether the two houses involved in the case are owned by Ni alone or jointly by the husband and wife. Although Ni stated that his spouse Li was the co-owner when he handled the registration of house property rights, the two houses were all obtained from Ni's demolition before marriage, and they were not converted into joint property of the husband and wife due to marriage, and Ni and Li did not jointly use, operate, or manage the two houses for 8 years after marriage, so the two houses could not be regarded as the joint property of the husband and wife, and should be owned by Ni alone. The provisions of Article 1063 of the Civil Code are inherited from the Marriage Law, so the judgment in this case is still reasonable according to the provisions of the Civil Code.