Study On The Applicability Of The Right Of Revocation Between Husband And Wife

With the development of society,the marital relationship between husband and wife in our country has gradually taken on new characteristics.On the one hand,the social background of the development of "fewer children" and the rising divorce rate weakens the closeness of couples.On the other hand,the total amount of marital property(including personal property and joint property)increases,and the structure of marital property is diversified,which makes couples more selective in property management.Therefore,more and more couples choose to enter into corresponding property agreement before marriage or within marriage to adjust the property relationship between husband and wife,especially the property ownership of the house.And when a marriage breaks down,there is often a claim for revocation of the gift around a previous property agreement,or a divorce agreement at the time of the divorce.Especially the country's "marriage law" stipulated in article 19 of the system of couple's agreed property,and the Supreme People's Court on the applicable < marriage law of the People's Republic of China >(3)the explanation of some issues "(hereinafter referred to as the" judicial interpretation(3)")of article 6,to solve the problem related to marital property provides a different way to solve disputes,leading to "marital property belongs to donative contract what circumstance,for the couple's right of revocation of the gift should be how to apply",whether in the academic circles,or has been controversial in practice.This paper mainly through three parts to complete the research on the right of revocation of the gift between husband and wife.The first part mainly discusses the distinction and recognition of matrimonial property restriction and gift contract.Firstly,it compares the conjugal property restriction with the gift contract,and determines what is the case of the conjugal gift through the comparison,because this is the premise of the revocation right.Then,based on the difference between the two,the identification method is determined.Finally,the recognition method is summarized.The second part mainly analyzes the application of the right of arbitrary revocation of the gift between husband and wife.First of all,this paper summarizes the characteristics of conjugal gift and studies the provisions of various countries on conjugal gift from the perspective of comparative law.Then,it analyzes how to apply the revocation right of the gift between husband and wife in our country.Then,based on the characteristics of the gift between husband and wife,combined with the practical cases,this paper discusses several typical cases in which the right of arbitrary revocation should be restricted.The third part mainly analyzes the application of the legal revocation right of the gift between husband and wife.In order to protect the interests of the donor,based on the characteristics of the identity relationship of the gift between husband and wife,combined with the practical cases,this paper expounds how to identify and apply the legal status of the legal revocation right between husband and wife.This paper hopes to provide a stable and unified judgment solution for a large number of conjugal gift disputes in practice and promote the unification of judicial judgment by exploring the application of revocation right of conjugal gift and by combining and analyzing theoretical and practical cases.