Research On The Legal Effect Of An Act A Spouse Donates Joint Property To The Extramarital Cohabitatant

In recent years, with the emancipating minds of Chinese people, national values pursuit characterize diversification trend. At the same time, as the acceleration of economic globalization and the deepening of the reform and opening up policy, foreign concept of ideology and culture have been introduced into our country, which brings a certain impact on the traditional concept of marriage in our country. In addition, cohabitation phenomenons outside marriage are more and more common. The disputes about one of the couple ‘donation without the agreement of the other to extramarital cohabitant are becoming more and more complicated.However, at present our country haven’t make clear rules on the behavior of one of the couple ‘s donation without the agreement of the other to extramarital cohabitant. Academic circles and the judicial practice have different views about the nature the effect and the legal consequences of the above donation. The gap is larger in some view. This leading to "like case, different judgment" phenomenon in the judicial practice is standing out. Therefore, The legislature need to speed up the pace to develop a unified standards for the above behavior in order to safeguard the unity of judicial application and the rights and interests of the other party of the couple.This article embarks from the actual cases in the judicial practice, analyzes the basic theory of one of the couple ‘donation without the agreement of the other to extramarital cohabitant, and puts forward my own analysis about the effectiveness of the above behavior, combining with German legislation and judicial practice.This article is divided into the following four parts altogether:The first part, through the relevant case about one of the couple ‘donation without the agreement of the other to extramarital cohabitant, probed into the problems existing in the judicial practice in China, introduces the focus of the article.The second part, mainly from the perspective of the relevant theory of donation contract, disgraceful consideration, and the unauthorized disposition theory and so on, further discusses the legal effect of the behavior of one of the couple ‘donation without the agreement of the other to extramarital cohabitant.The third part mainly introduces the handling methods in a similar situation in Germany. In general, legislation in Germany handles such cases always from the perspective of the motive of the donor to consider the effectiveness of the donative behavior.Combining with the related theories and German legislation and judicial practice, and the controversy in our academic circles about the effectiveness of the behavior of one of the couple ‘s donation without the agreement of the other to extramarital cohabitant, the fourth part puts forward my own views on the issue of the application of the relevant law.