Analysis Of The Effect Of The Gift Of Property Related To Extra-marital Cohabitation

At present, The facts of cohabitation outside of marriage and the disputes brought about by the gift of property related to extra-marital cohabitation attracts people's attention. China's present civil laws have not specially made the rules on the effect of the behavior of the gift of property related to extra-marital cohabitation, if the law regulate it only with the rules about gift, sometimes the results would be contradictory with public order and morals.In practices, the court's judgments to the disputes of the gift related to extra-marital cohabitation also varies, which caused considerable controversy. Based on the researches of how the laws and practices in and out of China specified the effect of the behavior of the gift of property related to extra-marital cohabitation and been inspired, this paper on the basis of the principles of maintaining of public order and morals, respecting for party autonomy, protecting the legal spouse's property rights, protecting the interests of no-fault cohabitants outside of marriage, respectively with the purpose of the gift, the nature of the gift as the standard, and combining with the factors of whether the cohabitants knew he or she was in extra-marital cohabitation, distinguish between different situations, to make detailed analysis of how the effects of different situations of gifts should be identified, and whether the gift of property can be requested for return after being judged to be invalid, and try to put out personal proposals to the legal norms about the effect of the gift of property related to extra-marital cohabitation.