Research On The "Gifts To Child" Clause In Divorce Agreements

The divorce spouse agrees that the lease of the common property or the property owned by one party to the child is particularly common in the divorce agreement.The specificity of its clause structure comes from the two sets of legal relationships between the husband and wife and the three-member family members.Issues such as the balance of interests between divorced spouses,the performance of parental obligations to children,and the determination of children's legal status in divorce agreements.This clause is a concentrated reflection of the cross-legal issues of property and personal relations.The principles and rules of family law and property law need to be comprehensively and harmoniously applied to resolve the nature of such provisions and the application of law in practice.The main body of this article is divided into four parts to study the qualitative nature and legal application of such clauses.The first chapter"Divorce agreement in the judicial practice 'Gift for children's real estate clause'" first selects several judicial precedents surrounding whether the"gift for children's real estate clause" in the divorce agreement can be arbitrarily revoked in accordance with the rules of contract law,and selects similar Several representative court judgments in the case analyze and show the main differences between local courts at all levels regarding the“gift of children's property” in terms of qualitative and legal application.Based on this,they focus on analyzing the cases in the “typical cases”published by the Supreme Law.The "Typical Reasoning" made by the judgment,and focused on analyzing the connotation and essence of the"integrity of the divorce agreement" which found that such clauses have irrevocable effect in the "Typical Reasoning",and pointed out that the"term of gift of children's property" in the divorce agreement is the property in the family field Dispute is another typical issue in this broad category of issues.Chapter II "Legal Application Principles of the" Gift for Children's Real Estate Clause "in Divorce Agreement,following the case introduction and problem extension of Chapter 1,focusing on the problem background and theoretical background of the research topics in this article,and placing the research object in the field of family affairs in judicial practice Under the general problem framework of the application of the rules of property disputes,analyze the possible difficulties and causes of the application of the rules of family property disputes from the practical and theoretical levels,and explore the basic path to apply the laws of family property disputes and the specifics to the divorce agreement.The principle of legal application of the "gifts for children's property" laid the foundation for the detailed analysis of research topics below.Chapter III,"The Dilemma of the Legal Application of the" Gift for Children's Property in Divorce Agreement "",analyzes the two interpretation models and their deficiencies of the two main qualitative viewpoints in judicial practice and theoretical discussion,and focuses on the gift contract.The interpretation model includes purpose gift,gift with moral obligation and conditional gift,and other different models.Finally,the judgment standard of the best interpretation model of the "gift clause for children's property" in divorce agreement is comprehensively obtained."Followed" to better meet the requirements of the basic principles of family law.Chapter IV "The law application of the" Gift for Children's Real Estate Clause "in the divorce agreement-a third-party interest contract",based on the above three chapters,combines the basic theory of the third-party interest contract with the latest draft of the Civil Code.In order to improve the third-party interest contract system,it is argued that the empowerment type in the third-party interest contract model is the theoretical and practical advantages of the third-party interest contract in explaining the "gift clause for the gift of children's house" in a divorce agreement.Under the third-party interest contract model,the balance of interests between parentsand children is reached,specific rules apply when the property is jointly owned by the divorced spouse or owned by the individual,and the parties' identity in the contract and other applicable laws may exist in both cases In the framework of the latest civil code,try to give corresponding suggestions for the qualitative and specific application of such provisions in judicial practice.