Research On One Of The Spouses Gift Property To Extramarital Cohabitation

Along with the economic and social development, the rich people’s spiritual culture and material level enhancement, nonmarital cohabitation is becoming more and more extramarital cohabitation is becoming more common. Triggered by nonmarital cohabitation cases, of which property relationship. The stability of the marriage relationship to the stability and progress of social relations, so deal with the stability of the marriage relationship is imperative in the development of a harmonious society in our country.At first,the one of the spouses extramarital cohabitation property were introduced, summed up the focus of four kinds of situations and the issues arising in practice from four typical cases. Situation in practice are:one, donative behavior invalid, gift property all returned. Second, donative behavior is invalid, gift property will not be returned. Three, donative behavior is invalid, return the half of the gift property; Four, donative behavior effectively, gift property without return. In this paper, the focus of dispute mainly has:first, with the person that reside outside of marriage gift property behavior whether have the behavior effect. Second, the gift property back problems. Third, the donor spouse’s legitimate rights and interests protection.Next, this article mainly from the effectiveness of the donative behavior, the return of the gift property problem and spouse donative person’s legitimate rights and interests protection these three aspects are discussed. Through summarizing effectiveness of donative behavior with the person that reside outside of marriage property disputes, including four theories:said donative behavior effectively; Donative behavior part said effectively; Donative behavior effectively and donative behavior invalid conditional, analysis should consider many factors to distinguish the effectiveness of the treatment of donative behavior, mainly includes the purpose, donor recipient’s subjective state of mind, factors such as the type of the gift property. Through the analysis of the gift property for illegal reasons return problem payment system. By defining the donor’s spouse property returned to claim, to determine the range of daily housework agency and establish very marital property system shall protect the lawful rights and interests of the donor spouse.The text is divided into four parts. The first part through the introduction with the person that reside outside of marriage gift property of typical cases in the practice of the debate; The second part explains the donative behavior effectiveness with the person that reside outside of marriage property dispute and myself about the effectiveness of the donative behavior analysis, mainly to the distinction between donative behavior treatment, were divided into the objective analysis of donor recipient’s subjective mental state analysis and the analysis of the gift property. The third part illustrates the process of the gift property for illegal reasons payment system; The fourth part return by defining the donor’s spouse property right, clear the scope of the daily housework agency and establish very marital property system shall protect the lawful rights and interests of the donor spouse.