On The Articles Of Child's Property In Divorce Agreement

In the process of divorce in order to get rid of the existing marriage as soon as possible,in order to run out of the "siege" as soon as possible,this time the two will often divorce the agreement to lift the marriage relationship,so they find a balance between husband and wife interest,That is,children.So they agreed to the husband and wife of all or all of the real estate donated to the child or female,but the fact is often unsatisfactory,after the dissolution of the marriage,there will always be a party will regret the original gift,find all kinds of excuses,The purpose is to revoke the original gift,then the circumstances of the withdrawal of the gift is feasible?In the legal practice of our country,the court's judgment is also different.And some in the first instance verdict to determine the withdrawal of the gift,and appeal to the court of second instance,there are cases to overturn the court of first instance,that is irrevocable.Even if the verdict is the same,but the reasoning part of the legal basis is also very different.The main focus of the controversy is that the divorce agreement in the parents of their children's property is not a gift contract,and whether the gift is related to both identity and morality.At the same time on the divorce agreement in the nature of the provisions of the provisions of the real estate of children,the academic community are also controversial,this article will be theorists and practitioners on the views of such questions.At the same time,it is necessary to discuss whether the children have the right to claim as the plaintiff from the third party's interest contract.All the questions are basically cut from the examples and analyzed.The relevant issues of the "gift" clause in the divorce agreement are elaborated with a view to making relevant It is useful to solve similar disputes.This article is divided into four parts except the introduction:The first part introduces the disclosure clause in the divorce agreement.Mainly divided into the meaning and characteristics of the divorce agreement,the nature of the divorce agreement,divorce agreement in the gift clause.The second part explores the nature of the child's immovable property in the divorce agreement.First introduced the scholarship in the academy,said to the third party to fulfill the contract,said the divorce agreement as a whole that these three views,followed by the author's own views.The third part studies whether the granting party in the divorce agreement enjoys the right of revocation,sums up the viewpoints of the theoretical and practical circles and their respective theoretical basis,and analyzes several common situations in the judicial practice.According to the case,What should be done.The fourth part explores the relief of children's rights and interests,mainly talking about whether the children can be as the plaintiff to enjoy the right to claim and practice some special circumstances of the two aspects of the treatment.And finally to improve the divorce agreement in the gift of the views of the author.It is possible to specify the type of gift clause in the divorce agreement and to specify the circumstances that may be revoked.