Research On The Problems Of Property Gift Of One Part Or Both Part Of Husband And Wife

The gift of the husband or wife's personal property to the other party,the gift of the husband's and the wife's common property to the children,and the gift of the husband or wife's common property to the third person.The three kinds of gifts are the problems of property gift of one part or both part of husband and wife.Our country's marriage law stipulates the scope and attribution of the property of the husband or the wife.That is it is clear that unless these two conditions: the law had stipulated otherwise,and the parties had agreed otherwise,the property before marriage is owned by the husband and the wife individually and separately,nevertheless the property acquired during the duration of the marriage is owned by both husband and wife.However,the behavioral nature of a couple transferring personal property or common property ownership gratis to each other or third person,is the donation in contract law,or the marital property agreement system in marriage law,the relevant laws has not been stipulated yet.Additionally,these results in many controversies between the theory and the judicial practice,such as the behavioral nature of property disposition,disposition effect,whether the revocation of disposition acts or not and so on,which directly affect the case verdict.Therefore,the marriage law and the relevant judicial interpretations should be clear with the standpoint that our country uses the mode of original style of marital property system,which brings the couple's disposition of property including the donation into the marital agreement property system style,with regard to the problems such as the condition precedent,invalid situation,whether to revoke or not,the consequences of revocation and so on,are all adjusted uniformly by the marriage law,in order to avoid the discrepancies in verdict consequences in similar cases which were attributed to the different usages of different law.