An Analysis Of The Effect Of The Unilateral Revocation Of A Couple's Joint Bestowal

In recent years,during marriage,it turns out that some couples often donate community properties to their offspring or other strangers.However,one person regrets it after donation while the other does not agree to revoke this bestowal or signify neither assent nor refusal.On this occasion,it causes a dispute in juridical practice:does one person have right to revoke the joint bestowal.After consulting a number of judicial cases,this paper draws a conclusion that the effect of the unilateral revocation of a couple's common bestowal has three different views.The first view is that one person cannot revoke a couple's common bestowal because of joint expressed intention.Person should continue fulfilling bestowal contract.The second is that if irreversible situation does not occur in bestowal contract,one person has arbitrary avoidance and legal right of cancellation and can revoke a couple's common bestowal without the other's agreement.The third one is one person can evoke half the bestowal contract.For community property,one person can evoke bestowal contract.However,because the other does not ask to evoke bestowal,one person just can deal with its ownership.From the foregoing,judges have different legal choice and trial idea for the effect of unilateral revocation of a couple's joint bestowal,which cause a series of problems in judicial practice.Apart from introduction and conclusion,this paper has three parts.The first is to analyze and conclude judges' different judicial idea,legal logic and trial result after referring to a number of related cases.The second is to analyze the effect of the unilateral revocation of a couple's common bestowal on legal basis.This paper will analyze roundedness in dealing with the unilateral revocation of a couple's common bestowal according to contract law and find out how joint declaration of will affect couple's common bestowal.At third part,this paper will put forward judicial proposals and trial suggestion in order to unify judicial adjudications,reduce different trial results,keep harmonious family relationship and safeguard judicial justice.