Research On The Efficiency Of Gift Clauses In Divorce Agreement

The clauses of disposal of property are the important contents of divorce agreement,which usually include division of joint property and the responsibility for debts,also involves gift. For the efficiency of the gift and other relative questions,there are also different viewpoints among theorists and practitioners.This thesis will specially discuss two popular situations, which are the gift between spouses and the gift for their child or children.This thesis is composed of four parts besides foreword,about 30 thousand words.The first part,the basic theory..This part will define the grant clause of divorce agreement,which introduce few popular viewpoints of gift nature in the divorce agreement,then the writer will present her own opinion after analyzing the popular viewpoints.According to her point,the gift between spouses and had been accepted by child or children will be defined as gift,and the gift which the child or children had not indicated acceptance will be defined as clause for payment to third party,then will analyzing the time of setting up and the effective time of gift,the gift will be revoked or not,and claim right of the third party,also introduce how to tell the third party has the claim right.The second part,legislation examples and analysis.Due to the former analysis,this part will mainly introduce the gift and agreement for payment to third party that stipulated in France Civil Code,German Civil Code,Japanese Civil Code and Civil law,then find out the common, tell the difference,analyzing the reason,wish our legislation can use those idea for reference.The third part,China’s current legislation and judicial practice.There is no stipulation about gift in divorce settlement in China’s current law. The writer will point out the defect of China’s current law about gift and agreement for payment to third party on the basis of former analysis,then she will take some judicial cases about gift in divorce agreement to explain the mainly viewpoint and practice of judicial practitioners.The fourth part,suggestions on the legislative perfection. This part will propose some suggestion about legislative perfection on the basis of above analysis.The writer proposed that it should clearly define the nature of gift in divorce agreement,and add some stipulations about the exercise restrictions of the random revocation right,the restitution right of giver,and other rules about agreement of payment to third party.