Legal Analysis On Disputes Of Premarital Gift

Premarital gift occurs between the parties be married, if the marriage can not be established or, having finally established marital relationship, but marriage is not a long time, they have a return gift of premarital property dispute between the parties. Confined to the limitations of the provisions of our legislation on these issues, based on facts and law in the referee, it is difficult to find the criterion of the law, lack of uniform standards referee that codefendant different sentence were common occurrences. To solve the problem, this paper attempts to proposal some legal issues, the gift of a clear connotation premarital legal property, and with reference to Roman law provisions concerning the dos system, combined with China’s specific conditions, reasonable draw on relevant system, improve the legal system of the relevant premarital gift.The first part of this paper chose four representative cases as a starting point, the objective facts of the case and the court presentation, four cases reflect our judicial practice due to premarital gift returned caused problems in handling disputes. Namely, the existence of the cause of action in such cases is not uniform characterization, understanding the legal nature of premarital gift inconsistent, the subject of premarital gift inconsistent criteria, the subject of premarital gift refunded nor uniform standards and other issues. Several cases in this article reflects the problem starting with the establishment of strict logical structure, access to relevant jurisprudence of the theory, put forward their views and arguments as the core to carry out this study, attempts to improve the legal system of premarital gift.The second part of this article is the legal nature of the marital gift of in depth analysis. First,study of the history of premarital gift, by examining the development of the concept of premarital gift will help to better understand the implications of premarital gift, the gift of premarital pointed occurs between the parties to be intended marriage and marriage registration behavior. Secondly, because premarital gift and there is a certain difference between similar concepts that distinguish it from premarital love gift donation behavior during the bride and conventions, such as matrimonial property system, a clear distinction between them in favor of a correct understanding of premarital gift. Finally, the analysis of the legal nature of the marital gift. On the legal nature of the marital gift have popular theory, but did not work out in detail the view that the legal property of premarital gift can not reach consensus. This paper reviewed the latest research on the theory of the legal nature of premarital gift, this paper analyzes demonstrate the idea that premarital gift is for the lifting of the conditions attached to the marriage gift.The third part of this paper reviews the current provisions of the relevant laws and premarital gift, summed up the handling of such disputes encountered in practice, pointing out deficiencies.The fourth part, the paper made reference to this part of the proposal to return to Rome dos system. Firstly, the capital of the Roman marry and produce historical notion that Rome initially as a marriage dos custom becoming a legal system is a condition attached to the lifting of the gift. Secondly, from the legal nature of the two systems, and other aspects of the social basis of the existence of our reference feasibility of the system is analyzed. Finally, the country should learn from the system while adhering to the principle subject of premarital gift, the gift of the establishment, such as the return of premarital advice actionable.The fifth part is the conclusion of the article.Through the above analysis of premarital gift legal acts, and put forward a sound legal system premarital gift suggestions to be helpful in judicial practice.