A Research On The Effectiveness Of Gift Behavior In Cohabitation Outside Marriage

Property donation in extramarital cohabitation is quite common in modern society,which not only causes serious social impact,destroys the harmony and stability of families,but also damages the property rights and interests of legitimate spouses.How to determine the validity of the act of giving property to an extramarital cohabitant by a married person? The author finds a large number of typical cases in Peking University magic weapon,and extracts the controversial focus when dealing with this issue in judicial practice: first,how to determine the effectiveness of gift behavior in extramarital cohabitation;second,the role of public order and good customs in identifying property donation behavior in extramarital cohabitation;third,how to deal with gift property.This paper focuses on the above issues.Firstly,it explains the views and comments of the academic circles on the effectiveness of gift behavior in extramarital cohabitation.Then it analyses how to determine the validity of property donation in extramarital cohabitation: if the donated property is the personal property of the donator,the subjective mentality of the donator and the recipient should be used to determine whether the donation violates public order and good customs to determine the validity of the donation.If it violates public order and good customs,the donation will be invalid;if it does not violate public order and good customs,the donation will be invalid,effective with behavior.If the donated property is the common property of both husband and wife,it is not necessarily considered invalid for the property with little value,and its effectiveness should be determined by combining whether the donation violates public order and good customs;for the property with great value,money and so on,it is not authorized to dispose,but invalid because the other spouse refuses to recognize it.If the donated property is unauthorized disposition of other common property,the validity of the donation should be determined by the attitude of other co-owners,and if the other co-owners approve it,the validity of the donation should be determined by the principle of public order and good customs.Then it explains how to deal with the donated property,and finally puts forward how toimprove the legal regulation of the donation behavior in extramarital cohabitation.First,the establishment of a very statutory marital property system,second,clearly stipulate the system of damages without divorce as a condition;third,the formulation of judicial interpretation to establish a unified standard of judgment.