Research On Legal Problems Of Gift Between Husband And Wife

A gift between husband and wife refers to a party of spouse gives the property of the individual to the other party.This is the full expression of principle of autonomy in the field of marriage and family.Marriage Law of the People's Republic of China in 1980 first confirmed that marital property system can be promised between husband and wife,and Marriage Law of the People's Republic of China in 2001 further stipulated the contractual property system between husband and wife,and Interpretation(III)of the Supreme People's Court of Several Issues on the Application of the Marriage Law of the People's Republic of China in 2011 added provisions for the gift between husband and wife.But the situation of gifting between husband and wife is complicated.The theoretical circles have been arguing over the nature of the gift between husband and wife,the application of laws,and the effectiveness of changes in property rights.In judicial practice,the similar cases have made different judgments in different courts.The phenomenon of different or different sentences of the same case often occurs.In legal nature,the gift between husband and wife is a gift contract,which is different from the spouse's contractual property system.The consequences of property rights changes cannot occur like the latter.In the application of the law,in the case that there are already clear legal provisions,the existing legal provisions should be respected first.Except for the special provisions of the Marriage Law,the gift between husband and wife should apply the legal provisions of the Contract Law to resolve disputes.In the divorce agreement,the legal nature of the true and gratuitous gift is not the property division between husband and wife,and the relevant provisions of the Contract Law can be applied.In the effect of the change of property rights,the object of the gift is the movable property,the immovable property or the property right as the distinguishing standard,and the changes in the property rights that occur are also different.In terms of external effect,it is not possible to use the property agreement within the husband and wife to confront the legal counterpart who has a transaction with a party of spouse.The gift agreement between husband and wife can only be effective against the third party when the gift agreement has been notarized or the real estate has been registered for change.Regarding the issue of the right to revoke,the gift between husband and wife with the nature of moral obligation cannot be arbitrarily revoked,but the legal revoked right can be exercised when the situation is stipulated by law.