Research On The Gift Of Property Between Husband And Wife

At present,with the development of our country's economy,the rate of divorce by agreement is constantly increasing.With the dissolution of marital relationship between husband and wife,the disputes caused by property between husband and wife also increase.Academic circles hold different opinions on gift behavior during the existence of marital relationship,which leads to different effects of law application.Current Marriage Law and relevant judicial interpretations only contain a few items concerning the issue of gift and revocation of property between husband and wife,which leads to disputes between husband and wife on the issue of gift and revocation of property in real marital life,and also in judicial practice.There are many problems.The newly promulgated Judicial Interpretation of Marriage Law(3)also gives a clear explanation to some controversial issues concerning property agreement in judicial practice,such as the validity determination of property partition agreement with divorce conditions,etc.However,there are still many places in China where legislation and relevant judicial interpretation are needed to regulate property donation between husband and wife.Supplement.After the promulgation of Judicial Interpretation(3)of Marriage Law,the law of our country has further developed on the provision of couple's gift property.However,the new interpretation has aroused thousands of public opinions,supporting voices and questioning voice frequency confrontation.Therefore,it is necessary to conduct a more in-depth study on the issue of property donation and revocation between husband and wife in China.The first part of this paper defines the act of property donation between husband and wife.By introducing the concept,classification,characteristics and nature of property donation between husband and wife,the main research object of this paper is determined.By introducing the theoretical controversy about the nature of property donation between husband and wife,this paper draws the view that property donation between husband and wife should be defined as the restriction of property between husband and wife.The second part of this paper lists the status quo of property donation and revocation between husband and wife at home and abroad,and makes relevant analysis.The third part elaborates the problems of property donation between husband and wife in China,including the lack of publicity procedure,the unreasonable application of arbitrary revocation right and the weak protection of the recipient in property donation between husband and wife.The fourth part,in view of the existing problems,puts forward some suggestions on the improvement of property donation between husband and wife in China,including the construction of the publicity system of property agreement between husband and wife,the regulation of the application of arbitrary revocation right by prescribing restrictive conditions,and the protection of the interests of the donee through the judge's discretion.