The Application Of Law On The Agreements Through Which Properties Of Real Estate Is Gifted Between Couple

The property relationship between Couples can be adjusted by agreement, of which the nature of the agreement can be antenuptial contract and can also be simply general contract between civil subjects (including gift, purchase and sales, lending, etc.). This thesis mainly discusses the nature and applicable law of contracts through which the properties real estate is gifted between a couple. Since the rule of the antenuptial agreement is not complete in the marrital law of our country, and there is no specific rule for gift contract between couples, the distinction has not been set between different types of agreement by law. The unclearness of such agreements’character causes difficulties for couple to arrange their properties between the couple through different types of property agreement and also birng uncertainties of property ownership and the rights and obligations to couples. At the same time, under the condition that the interest of a third party is involved the interests, it is unfavorable to maintain transaction security.To solve the above problems, to improve the system of marital property agreement, of course, is an important subject. Imperfection of our country’s marital property agreement legal system is the important cause that leads to fuzzy scope of the marital property. There are a large number of studies have focused on completing the system of marital property agreement, but gift contract between couple is still vacant in the legal system of China. Through the study of different countries marrital property law, it is found that many countries with compelet legal rules have special sections for regulating gift contract between couple. In this thesis, through the comparison research method, from the perspective of applicable law in the practice, first of all, the boundry between marrital agreement on matrimonial regime and agreement between couple is clarified. By Putting forward the essence and standard of the marital agreement, suggestions for the judge in the practice of law in such cases are provided; Secondly, this thesis draw a line between the marrital agreement through which the properties of real estate is gifted between husband and wife and normal gift contract between a couple. To draw the boundaries between them, through the comparison research method, the thesis analyzes the features of different countries’rules on gift contract between husband and wife; Finally, based on the research of the German law, the thesis put forward the to classes of gift contract between a couple. The introduction gift on the base of marriage, which is different from the same thing as general gift contract between a couple, evaluate the couple’s contribution to the marriage and expectation through the rule.