Research Extramarital Cohabitation Property By Gift Behavior

There is an increasing number of unlawfully cohabitation in the currentsociety, which has caused complicated disputes of gift property. However theprovisions of property gifting have not been concluded into the existing law systemin China. The provision of the validity of gifting property during the unlawfullycohabitation firstly appearances in “The interpretation on Several Issues of theapplication of <PRC Marriage Law>(three) by the People’ Supreme Court” in Dec2010, but the provision is too general and it is not written in the final draft. That is tosay the gifting of property under unlawfully cohabitation is very complicated andcan not be generalized.The first part of the article will discover the defect of Chinese legal system onproperty gifting during unlawfully cohabitation through analyzing the cases andprovisions. The second part will study the foreign legislation and practices aboutproperty gifting during the unlawfully cohabitation, and learn the essential part of itas a reference of Chinese legislation. The third part will differentiates the validity ofproperty gifting during the unlawfully cohabitation from the purpose of donor, themental attitude of donee, the character of property.The fourth part will discuss theproblem that how to return the property when the gifting during unlawfullycohabitation is defined invalid. The fifth part will discuss the perfecting of propertygifting during the unlawfully cohabitation in Chinese legal system.