Research On The Validity Of Donation Agreement Between Spouses

The donation agreement between spouses is a juristic act that husband or wife will donate their personal property or the real share to the other one when they are in the period of the marriage relationship,and the donee shows acceptance.This is the manifestation of the theory of the autonomy of the civil subject.In China,the law stipulates the donation agreement of real estate between husband and wife,which is not clear and specific,and the only mentioned part is in the sixth section of the judicial interpretation of marriage law(three).Based on it,the nature and validity of donation agreement between spouses are often been debated in academic field,while in judicature circles some practitioners treat the donation agreement between husband and wife as the marital settlement,and consider that this kind of donation contract can directly lead to the change of real right,or will it as a donation contract,which led to the phenomenon of "no same verdict for same cases".In view of the present situation of the couple's real estate donation contract,this paper will rethink the controversial points in different cases,trying to find out the theoretical reasons behind it,and then analyze these.In addition,the change of real right about donation agreement between husband and wife,under the precondition of whether the donation contract can directly caused the change of property right,the author analyses the existence of real right,which lead to a conclusion that the change of real right of donation agreement between husband and wife is based on the registration of property rights.Of course,it can not be ignored that the validity of donation agreement between couples and the contract potency question,antagonism is also worth exploring when husband or wife as a donator trading with the third party.From the perspective of protection of the third party transaction security,the writer then proposes a suggestion that add a system of marital property contract of donation registration or notary.Finally,based on the problems which appeared in judicial practice,this essay raises several legislation proposals on regulations of donation agreement between spouses.