Article 1062 of the Civil Code in its original form and explanation

The provisions of Article 1062 of the Civil Code deal primarily with the scope and rights of the spouses ********* property.

I. Contents of the Provisions of Article 1062 of the Civil Code

Article 1062 of the Civil Code stipulates that the following property acquired by a husband and wife during their marriage shall be the husband and wife's ****solidary property, and shall be owned by the husband and wife***solidarily:

(1) Wages, bonuses, and remuneration for labor services;

(2) Proceeds from production, management and investment;

(iii) proceeds of intellectual property;

(iv) inherited or gifted property, except for property determined in the will or gift contract to belong to only one of the parties;

(v) other property to be owned by the ****together. Husband and wife shall have equal rights to dispose of the property of the ****together.

II. Interpretation

This article is about the husband and wife **** together property. The term "proceeds" includes the proceeds of husband and wife and the proceeds of one of the husband or wife. "It includes not only the right to property, but also property that is not actually in the possession of the husband or wife, but to which the right still belongs to both of them.

The article explicitly lists four types of property that belong to the husband and wife, and at the same time provides for other property that should be owned by the husband and wife in the form of an underlining clause. Among them, "inherited or donated property" can become the property of the couple under certain circumstances, that is, the will or gift contract does not determine that only one of the parties.

In addition, both spouses have equal rights to dispose of property owned by the ****together. The unauthorized disposition of *** co-owned property by one party shall have no legal effect on the other party, except in matters within the scope of daily life and in cases constituting apparent agency.

The provisions of the Civil Code on the division of property between husband and wife:

I. Property of husband and wife **** together

The following property, such as wages, bonuses, remuneration for labor, income from production, business, investment, intellectual property rights, inheritance or gift of property, etc., acquired during the marriage shall be owned by husband and wife **** together. * * * jointly owned.

Two, the personal property of husband and wife

Property determined in a will or gift contract to belong to only one party belongs to the personal property of one of the spouses. In addition, the compensation or indemnity received by one of the parties due to personal injury, as well as the daily necessities for personal use, etc. also belong to the personal property of one of the spouses.

Third, the husband and wife agreed property system

The husband and wife can agree to the marriage during the period of the property and premarital property to their own, *** with all or part of their own, part of the *** with all. Such an agreement shall be in writing. If there is no agreement or the agreement is not clear, only the legal property system applies.