On The Gift Of Immovable Property Between Husband And Wife

The academic circles focus on the antenuptial contract but ignore the other part of marital property agreement. In this paper, the author tries to do research on the donation of real estate between couple. The essay is composed of four parts.The first part introduces two cases. It begins with cases, then, analyzes the gist of a case.The second part is the focus of the case. The dispute lies in the nature of the contract and application of law.The third part discusses argument. Such agreement is the donation contract or antenuptial contract. Contract Law or Marriage Law can be applied to such agreement. The forth part is the conclusion of the essay. It indicates the difference between marital property agreement and antenuptial contract. According to analyzing the 19 article of Marriage Law, this part clarifies concept of the agreement and internal effect. It puts forward to the solution of two cases applying to our country's law. The researches from comparative laws are divided into two parts. What is firstly introduced is the special rules of the donation of real estate between couple including Germany, France, Japan and Taiwan district. Secondly, according to analyze contractual regime about property and rescission right at the will in Germany, France, Japan and Taiwan district, the author finds that our country's law endure the least protection on the donee. Some suggestions to perfect the present legislation are provided. To confirm the concept of contractual regime about property is advantageous to the choice of couple. It is necessary to adopt special rules of the donation of real estate between couple in Marriage Law.