An Analysis Of The Legal Effectiveness Of Parents' Gift-giving Behaviors To Minor Children

It is not uncommon for parents to give their property to minor children in people's daily lives.The current law in my country does not clearly stipulate whether the property given to children by parents for free belongs to the property of minor children,and there is no unified understanding in this field.This legal gap leads to a special type of dispute: In cases where parents are in debt and unable to pay off,in order to ensure that their claims are fully paid off,creditors often apply the property of the debtor and their minor children indiscriminately Enforce.At this time,the issue of ownership of the property donated by the parents under the minor's name became the focus of disputes between the two parties in the case.Due to the lack of direct legal provisions as a reference,the courts of different judicial practices have shown great differences in handling this issue,and the situation of different judgments in the same case is particularly prominent.Throughout the academic literature on this issue,scholars mostly start with typical cases and conduct research from the perspective of case analysis.Although the typical case is representative,it cannot reflect the overall tendency of the courts in our country to give gifts between parents and children.This article uses a combination of full sample analysis and typical case analysis to examine the legal effect of parents' gifting of minor children from both macro and micro perspectives,and attempts to explore the causes of academic and theoretical circles' The internal reasons for the divergent views of children's gifts and analysis of effective solutions to this problem.In judicial practice,the court denies that the cause of parent-child gifting is to protect the lawful interests of enforcement creditors,but the data analysis of the case in this article shows that the legal possibility of denying parent-child gifting has no practical effect on protecting the creditor's legitimate rights and interests.If the debtor executes the parent-child gift to escape the debt,the creditor can completely revoke the gift through the creditor's right of revocation,or apply the malicious collusion rule to claim that the gift contract is invalid.Through the macro data analysis of the case sample and the micro specific case analysis,this paper concludes that the state of property mixing between parents and children is the reason for the court to deny the gift between parents and children.The state of property mixing between parents and children is caused by the inherentcharacteristics of minors' property.Legislative determination of the scope of minors' property does not allow minors' property to get rid of this feature,but it can guide the judicial decision of the court.Avoid a series of legal disputes caused by the ambiguous property scope of minors.