Legal subjectivity:
1. What is the meaning of interest
Interest is a legal concept in civil law, which refers to the additional income generated from the original thing. According to the civil law, interest is divided into natural interest and legal interest. Natural yield is the income obtained based on the natural properties of things or the changing laws of things. Statutory interest refers to the income obtained by the owner from transferring the right to use the property within a certain period of time due to a subordination relationship established by law. The owner of the original object that produces the interest can obtain the interest by investing in the original object. When the income obtained exceeds the owner's daily expenses, the owner reaches a state of financial freedom. This investment method of obtaining interest-bearing property can be regarded as a kind of passive income for the owner.
2. How the Civil Code stipulates interest
Interest is divided into natural interest and legal interest. Natural yield refers to the income obtained due to the natural properties of things, such as the fruits of fruit trees, the young animals of female animals, and the eggs of hens and their eggs. Statutory interest refers to the income obtained from legal relationships, such as the interest obtained by the lender according to the loan contract, the rent collected by the lessor according to the lease contract, etc. In the Civil Code, the thing or right that produces interest is called the original thing, and the interest is divided into natural interest and legal interest. Natural yields refer to fruits and animal products produced in accordance with the natural growth laws of matter. Statutory yields refer to interest, rent and other income derived from legal relationships. This legal relationship can arise from legal acts, such as rent generated under a lease contract, or from legal provisions, such as the right to claim for delay interest based on liability for breach of contract in the case of delayed performance.
3. Who owns the fruits
Article 321 of the "People's Republic of China and Civil Code" stipulates: Natural fruits are obtained by the owner; both the owner and If there is a usufruct owner, it shall be obtained by the usufruct owner. If the parties agree otherwise, the agreement shall prevail. As for statutory interest, if there is an agreement between the parties, it shall be obtained in accordance with the agreement; if there is no agreement or the agreement is unclear, it shall be obtained in accordance with transaction customs.
In principle, the right to receive natural fruits belongs to the owner of the original thing. However, if there is a usufruct holder, then because the usufruct itself is the real estate or movable property owned by others, he has the right to possess, use and benefit from it in accordance with the law. Of course, the natural fruits should be obtained by the usufructuary owner. In addition, the parties may also specifically agree on the ownership of natural fruits. As for the recipient of statutory interest, if there is an agreement between the parties, the agreement shall prevail. If there is no agreement or the agreement is unclear, it shall be obtained according to transaction customs. Legal objectivity:
Article 320 of the "People's Republic of China and Civil Code" If the principal property is transferred, the accessory property shall be transferred with the principal property, unless otherwise agreed by the parties. Article 321 of the "People's Republic of China and Civil Code" Natural fruits shall be obtained by the owner; if there is both an owner and a usufructuary right holder, the natural fruits shall be obtained by the usufruct owner. If the parties agree otherwise, such agreement shall prevail. Legal interest, if the parties have an agreement, shall be obtained in accordance with the agreement; if there is no agreement or the agreement is unclear, it shall be obtained in accordance with transaction customs.