Study On The Effectiveness Of Property Gifts In Cohabitation

The phenomenon of extramarital cohabitation is an objective social problem.Cohabitation outside marriage not only violates the marriage law,but also violates the public order and good customs.Judging from the court cases,in the process of extramarital cohabitation,the two parties often have the act of property donation.However,as for the legal effect of such ACTS,the law does not make it clear,and there are different views in the academic circles.Usually by judicial practice to distinguish the offender is donative motive,the nature of the gift property,the two ways to determine nonmarital cohabitation the effectiveness of the process of the gift property,when that behavior is determined to be invalid,illegal payment system of extraterritorial method can consider to apply,depending on whether the gift property deliver such situation judgment whether you should return the completed,rather than particular situation,will return all deemed invalid property,through all the restitution of the gift property to protect the property rights and interests of spouse,thus to realize the fairness and justice of the law.Donative behavior motive,this paper argues that,with the effectiveness of the actions are indivisible close contact,through divides into the motivation to start or end of cement nonmarital cohabitation relationship,in order to remove or cohabiting relationships outside of marriage and remove after cohabiting relationships outside of marriage for other reasons,three different motivations to determine whether to disgraceful consideration in violation of the principle,in order to determine different donative behavior effect under the motivation.The property nature of the donor is also closely related to the efficiency of the act.The property nature of the donor should be divided into personal property,spouse property and common property.According to these three different property properties to identify the effectiveness of the act of gift is different in addition to the need to clarify the distribution of the burden of proof principle.After the validity of the property bestowal act is determined,there will be a problem about how to deal with the gift property involved in this act,which can be optimized by referring to the illegal reason payment system.If the value of the gift property is relatively large in the extramural cohabitation and it belongs to the couple's common property,the act should be identified as an act that seriously damages the rights and interests of the couple's common property,so as to make the act conform to the legal reason stipulated in the marriage law for the spouse to apply for the division of the couple's common property.This way,under the regulation of law,can more reasonably solve the problem that the interests of the spouse cannot be protected in the process of extramarital cohabitation.