The Reaserch Of Legal Isues About The Property Returning That Person Who Have Spouse Gift Extramarital "The Third Person" Property

the development of society lead the change of the people's thinking,which is also produce a series of new social problems,some of which cannot deal with or not impeccable by current legislation very well.the most prominent one is the extramarital "the third person" adjustment and regulation,and the general problem is that the "lawful spouse" requires the extramarital "the third person" return property that "the third person" have been given.some like the same ceases sentenced by different courts with different judgments,which is worth reflecting on and thinking why are there appearing differences judgments?the reasons lie in that our legislation did not given the detailed stipulation for that.Thus,when the judge deal with those problems can only according to the common principles of the "civil law",the rules of "property law",general law of "contract law" and some scatter principles of the judicial law.As for the various versions for different understanding given by judges of the highly-generality laws and not having the detailed regulations,the judge sentence those cases with their own understanding and the different decisions also result from the different chooses applying the laws of the judges.Making a general survey of this kind of cases,the most of the sentences are that "the third person" should return the all property that have been given,which mostly based on the "public order and moral",those decisions need to deeply thought as for their validity.The thesis aims at compositing the "civil law","contract law","marriage law" and "property law" to give the detailed analysis.The worth demonstrated isthat,First of all,because according to the common civil legislation,as long as the donative behavior is not in violation of the prohibitive provisions of the law and the "contract law" article 188,article 192 and article 193 of the act,the donative behavior that is effective,do not need to return the recipient and property,this paper expounds the return of the recipient and behavior,are based on a "third party" return outside of marriage now accept that the person who has a spouse of the special circumstances of the gift property,is described in this article title will definitely "special case" this premise.Secondly,the analysis of cases and explanation of proposition are generally based upon the relationship "having spouse " and "the third person " that they have love affair and living together but not considering bigamous marriage as the thesis have clear content.