Analysis Has A Spouse And Cohabitation Property Donative Behavior

With the economic development, some bad phenomena happened, inc1uding the cohabitation of a married person with a third party. One party of the cohabitation often donates property to the other party, but such donations often infringe upon the lawful rights and interests of the married person's spouse. When such case is brought to a court, the court usually pronounce the donation is null and void, for infringing upon social ethics. In fact, not all the donations that are related with the illegal cohabitation are null and void. We should distinguish the motive of the donation and see whether the motive infringes upon the social ethics, then judge the validity of the donation. Only when the motive is prostitution will the donation be judged null and void. If the motive is to communicate emotion, the donation doesn't infringe upon the social ethics. In order to punish the cohabitation of a married person with a third party, author thinks that we should add the legislation of delivery for illegal reason. In addition, the present legislation on couple's property couldn't protect the lawful rights and interests of the married person's spouse efficiently, so author suggest that the Supreme People's Court make the regulation on special couple's property.