Research On Legal Problems Of Gift Between Husband And Wife In China

A gift between husband and wife refers to an act which one party of the couple,whether before marriage or within the duration of marriage,transfers his/her personal property to the other party of the couple and the other party of the couple accepts such transfer.This is the manifestation of citizens exercising autonomy of will.In our country,there are various forms with regard to the gift between husband and wife,while the legislation has not yet formed a complete system,which results in various doctrines in academic field with regard to issues such as recognition on nature of a gift between husband and wife and its application of the law as well as controversial judgments in judicial practice where similar circumstances result in different judgments.In consideration of the status of the gift between husband and wife,this article,based on judicial practice and disputes among various doctrines,and in perspective of nature,application of law of the gift between husband and wife and legislation model and application of law of antenuptial contract system regulated in Marriage Law,reflects the author's thoughts and on the issue of the gift between husband and wife.The author believes that a gift between husband and wife,differing from what has regulated in antenuptial contract system,is a general act of gift with separate ownership of property of husband and wife as the premise.Considering application of the provisions of the contract law,combined with advanced theoretical system at home and abroad,the author proposes advice in both legislation and judiciary,hoping to throw out a minnow to catch a whale and help perfect the legislation with regard to the gift between husband and wife.