Research On Legal Application Of Real Estate Gift Agreement Between Couple

After the marriage relationship is concluded,the husband and wife can make different agreements on the property.In the judicial practice,there are a large number of disputes about the property agreement.Judging the nature of the agreement on the transfer of real estate between couple under certain behavior patterns is the gift agreement between couple,the agreed property system between couple or the marriage property division agreement,has a substantial impact on the legal application and legal effect of the agreement.The diversification of the trial results of the court in the trial of similar cases revealed the confusion in the current practice of the understanding of the difference between the gift agreement,the agreed property system between couple and marriage property division agreement.In the current theoretical discussion on the scope of the gift agreement between couple,it is only limited to the situation where the husband and wife agree to transfer one's property to the other party or agree to be shared by both parties,but it has not been carried out in depth.After all,common ownership includes several co-ownership and joint ownership.What's more,whether in practice or in theory,there is a view that the gift agreement between couple is the subordinate concept of the agreed property system between couple,and the number of people who correctly treat the gift agreement between husband and wife is small.Separating the gift agreement from the agreed property system between couple,so as to clarify it's legal application issues,which is a current issue that needs to be focused on,not only to provide legal basis for the parties,but also to have a deep reflection of the current doctrine.We should see that the husband and wife can also make a gift agreement,and it is different from the agreed property system between couple.It is an agreement between husband and wife to dispose of their specific property during marriage,and does not have the universality and continuity of application as the agreed property system does,however,the agreed property system is an agreement to generally construct the state of property between couples,which doesn't point to a specific property.Both of them are the subordinate concept of the property contract between husband and wife.We should recognize it's significance as a gift agreement,although it is different from the general gift agreement,but it isn't the full reason why we should design special rules for it.The gift agreement of couple is a legal act that is intertwined with property and identity.If there is no special provision in the marriage law,the provision of the general property law can be applied.Therefore,when analyzing the legal application of the gift agreement between couple,we may apply to the legal provisions for general gifts firstly.In other words,the donor can exercise the arbitrary right of revocation and legal revocation when meeting the statutory conditions.Firstly,after the parties enter into a gift agreement,the donor can exercise the arbitrary right of revocation before the actual performance.Secondly,if the gift agreement has been fulfilled,and then the recipient refuse to perform the maintenance obligation or conducts a domestic violence or abuse against the donor,or refuse to perform the obligation attached to the contract.the donor may revoke the previous gift according to the legal revocation.Thirdly,when the rules of contract law are not suitable,contacting with the actual situation of the case,the court can judge whether it can explain the real estate gift agreement between the parties through the declaration of will,and regard it as a gift with special purpose,to provide legal protection for the donor.Specifically,the explanation can be combined with background,motivation,marital status,the party's contribution to the family life,and the economic situation,considering whether the recipient is aware of the specific purpose of the donor,in order to balance the interests between the donor and the recipient,and achieving fairness and justice in the true sense.