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Research On Real Estate Gift In Divorce Agreement

Posted on:2014-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:C ZhangFull Text:PDF
Abstract/Summary:PDF Full Text Request
Real estate is a couple of divorce agreement in the process of divorce, and it is anagreement in writing voluntarily through the administrative procedures to remove themarriage relationship and its all one party or both parties owned realty gift their children.Divorce agreement in the real estate donative has both the attributes of civil contracts and theidentity of the property different from general contracts. At present, with the development ofour country’s economy, the constant improvement of the divorce rate, however, our countrylegislation and law theory have little research on real estate gifting of divorce agreement sothat the problem that after the divorce men and women both parties go back on the divorceagreement to cancel the dispute could not be properly solved. This article attempts to putforward the thinking of the property in divorce agreement donative disputes of legalregulation through analyzing the legal nature and legal effect in the real estate gifting ofdivorce agreement.This article is divided into five parts:The first part, the case study in this paper, which was the cause of action.The second part, the case study of the case in this paper. Including the introduction of thetypical cases and the basic description of the case.In the third part, summarize the focus of controversy in the cases, focusing mainly on theproperty in divorce agreement of real estate gifting disputing over the question of the legalnature and legal effect: first, is it an identity agreement or a gift contract? Second, can it notbe withdrawn by governing the provisions of the marriage laws, or can it be revoked bygoverning the provisions of contract laws?In the fourth part, the controversy and disagreement in this case is discussed, includingthe legal nature and legal effect. The first problem is an analysis of legal nature. On the baseof elaborating several theories about the property of real estate gifting in a divorce agreement,point out that the real estate and gift in divorce agreement with identity and contractualattribute. On the one hand, this gift is in particular identity relationship between the parties,and to terminate the relationship as the motivation; On the other hand, this gift is meeting therequirements of the establishment of the civil legal act and the contract, taking propertyrelationship as its content. The second question is to analyze the legal effect, namely the application of the law and withdrawal of the gift or not. First, connecting with the case1,2,the real estate in our country the current laws about real estate gifting in the divorceagreement is combed; Secondly, this paper introduces the theory of property in divorceagreement donation law dispute; Finally, through the legal nature of property in divorceagreement donative, the property in divorce agreement’s specific case of cancellation will beanalyzed.In the fifth part, the research conclusion. Through the discussion of the fourth part, thecases introduced by this article is proposed the relevant views and opinions. Real estate giftfrom divorce dispute resolution at the same time the basic principles and specific legislativewill be suggested from two aspects, and put forward several suggestions of dealing with suchcases.
Keywords/Search Tags:divorce agreement, Real estate gift, Gift is revoked, Lack of legislation, Perfect suggestion
PDF Full Text Request
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