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《婚姻法》解释三第5条认为夫妻婚前个人财产婚后孳息应当属于个人财产,该规定在一定程度上追随了《物权法》的精神。但是婚姻法不同于物权法,物权法是调整平等主体之间的物权法律关系,而婚姻法调整的是婚姻家庭的法律关系,婚姻财产关系是建立在夫妻这一身份关系上的,与道德、伦理以及风俗习惯等联系密切,具有特殊性。
Article 5 of the Marriage Law explains that Article 5 of the Marriage Law considers that the fruits after marriage of the personal property of a spouse as a marriage should belong to personal property and to some extent follow the spirit of the Real Right Law. However, the law of marriage is different from the law of property, the law of property is to adjust the legal relationship between the subjects of equality, and the law of marriage is to regulate the legal relationship of marriage and family. The relationship between marriage and property is based on the status of husband and wife, and morality, ethics and customs Habits and other closely linked, with particularity.