The Research Of The Basis Of Right Of Claiming The Property Donated Before Marriage

This paper focuses on bringing in the system value of"Expectant Right"to solve the problem of disunity of the judgment on the pre-marriage donation, which is mainly caused by the vacancy of the provision of the law, this phenomenon greatly hurts the dignity and unity of the law, on such occasion, the judges have to state their own reasons in the written judgment to persuade the defendant to return the donated property, these reason is mainly based on the perception of equity,the donation with specific purpose,the donation of collateral conditions and unjust enrichment, but all of these standpoints don't have strong persuasive power, so the author present a new different idea, which is"the division and the restraint of ownership", trying to create a solid basis for the right of claiming the property donated before marriage, and tying to seek a new way to strengthen the protection of the right of donating party.