Evaluation And Analysis Of The Dispute Case Of Xueyaying Prosecuting Wang Xin And Etc.for Returning The Donated Property

Under the influence of foreign culture and ideology, the relationship between a spouse is also quietly changing, especially the phenomenon that one side in the marriage has been relationship with others at the same time is becoming more and more. It’s also common occurrence initiating a lawsuit for one side of husband and wife use their common property as a gift of a third party without authorization of the other to achieve a long-term relationship with the third party. There are some laws at present can be used to solve that kind of dispute, but some rules of the character, efficacy and consequences of the above behavior are not very clear, so lead to the processing result in the different places in dealing with similar cases is often very different. Such judicial decisions tend to make people question the law and the discretion of the judge, and affect the people to revere the law and be faith of the law..The plaintiff, Xue Yaying, a wife, brought a lawsuit against her husband, Zhang Chanfa, the defendant, who donated their common property to Wang Xin, who cohabited with Zhang Chanfa, without the plaintiff’s agreement for the duration of the relationship between the plaintiff and the defendant. The plaintiff thinks it’s violated her legitimate rights and interests, so she request the court to help her to return of her property. There are three disputes of this case, firstly, the main body of their building purchasing contract, secondly, the character of the defendant, Zhang Chanfa’s behavior of giving Wang Xin a gift. thirdly, the effectiveness of the given behavior and the legal consequences. For the first dispute, according to the Supreme People’s Court Provisions About Civil Action, the evidence is clear, but for the other two controversial focus there is no clear legal provisions, for the character of the given behavior, and the effectiveness of the given behavior and legal consequences, in the academic circles and the judicial practice it has also many different points of view, and even some of them are opposite. Based on the main view in the academic circles and judicial practice, this paper fully demonstrates one side of a surviving spouse has no right to donate their common property to the others without another’s authorization. Such behavior is invalid.According to the legal consequence of invalid behavior the given belongings should be returned.In the above cases, the person who gave other people his spouse’s common property without another side’s authorization will take the main responsibility, but in case the verdict, such people often did not suffer any loss or take any responsibility. All the mistake shall be admitted by the person who received the given belongs. It is unfair in the sense, leading to blur the basic notions, and confuse social value judgment. How can we not only protect the legal belongings’rights of a spouse, but also make the guilty party take relevant responsibility? We are expecting to improve legislation system to pass through the legal property system of husband and wife and provision on the payment shall not be made because of illegal reason.