The Handling Of Donation Behavior Under The Relationship Of Extra-marital Cohabitation

By quoting the cases of “Fang Ya v. Yang Shan”, adjudicated by the court ofGulou District, Nanjing, and “Huang, Lin v. Ding”, adjudicated by the court ofQichun County, the author noted that the court made completely different Judgments,but the cases were just the same on the donor donating jointly owned property to thedonee who cohabited with the donor without the authorization of the donor’s spouse.The author seriously analyzed the reasons and reasoning process expressed in theverdicts, and found that they were all based on two factors: the principle of goodmorals and public orders, jointly owned property.By analyzing more cases，the author found that reasons given by the court oftenshow the two：The donation was between the parties who are in the relationship ofextra-marital cohabitation，so it is against the principle of public order and goodmorals，and does not have the force of law；The property which was donated is jointlyowned by husband and wife, any one of them has no right to dispose of such propertywithout the authorization of the other, so its legal effect is to be determined.According to the analysis of the above, the author explored how to use the principle ofpublic order and good morals rationally, and ownership of property’s influence onhandling the donation behavior under the system of matrimonial property regimes.By observing the specific legislative provisions and the application of the judicial practice about the principle of public order and good morals in eachjurisdiction, the author explored how to limit the use of the principle of public orderand good morals in legal theory, analyzed the process of logical reasoning of dealingwith the case of donation behavior seriously. In the context of extra-maritalcohabitation，and found that object need to be judged is not extra-marital cohabitation,but the donation behavior, and it is based on the standard of its conditions, notmotivation.Then, by observing the results of handling the donation behavior in eachjurisdiction，the author also found the inadequacies of using the principle of publicorder and good morals under the current law of China, and try to explore how toimprove the system.In the end, according to the difference of property ownership under the system ofmatrimonial property regimes, the author classify the donation behavior.Combiningwith the specific circumstances, the author handled these situations separately inaccordance with the provisions of the law, found the inadequacies of the results,andproposed his solutions.