Study Of Legal Issue On Donation Between Chinese Spouse

Due to the special personal relationship between husband and wife,it is common to see the donation between spouse.With the constant development of the living standard,the donation between spouse is more and more complex and disputes related to it are also gradually increasing.However,because our country do not have a clear definition on the dnation between spouse,it may cause chaos of judicial practice.At the same time,it caused a heated discussion as the law gives the donor between husband and wife a right,whitch he can cancel the contract befor the transfer of ownership.The author hope that through the study of the donation between spouse,can rroduce certain effect on the related disputes in judicial practice.The donation between spouse refers to that one party give all or part of its ownership of personal property to another party when spousal relationship is about to be established or established.It is different form the general donation and the system of contractual spousal property,so it should be considered as a special gift.The current legal provisions of the donation between spouse give the donor the right of revocation It is made to determine the ownership of a house which one party give another party between husband and wife.However,judicial practice in our country expand this applied field to other things,such as cars or something expensive.At the same time,many people believe that this provision does not meet the spirit of the Marriage Law,it will damage the sound relationship between husband and wife.So,the right of revocation should not be applicable to the donation bewteen husband and wife,we must find other reasonable legal system to replace it.Recently,some people claim that it is viable for our country to apply the System of Legal Activity Ground Defect in Germany to the donation between spouse.The author thinks it has certain rationality.In Germany,the donation between husband and wife can use the System of Legal Activity Ground Defect.When the couple did not conclude a marriage or divorce,at the same time,the basis of the gift between them is gone.If we can not continue to expect the donor fulfill the contract reasonably,the doner can adjust the content of the gift contract.The donor only can cancel the contract when we can not let him adjust the contract harshly.So,compared with the right of revocation,the System of Legal Activity Ground Defect is more flexible to solve the problem in the donation between husband and wife.