Research On The Judicial Practice Of The Marriage Gift Agreement

The family is the foundation of society and a place where emotions and materials merge.With the progress of society and the continuous enrichment of material life,gifts in marriage often occur.In order to express their love for the other half,the husband and wife often donate certain property to the other half by way of a marriage gift agreement.Gifts between husbands and wives play an important role in stabilizing family relationships and promoting the relationship between husband and wife.Although the Marriage Law and its judicial interpretation make clear provisions on marriage gift,the debate in the theoretical and practical circles on the gift agreement has never stopped.An in-marriage gift agreement refers to an agreement signed by both the spouse or one of the couples in order to accept the gift during the existence of the marriage relationship.The marriage gift agreement is divided into two types:first,the husband and wife give each other gifts;second,the husband or wife or one of them gift to a third party.The characteristics of the agreement are that the subj ect is a legal couple;the time of the gifting occurs during the existence of the marriage relationship;and it is both identity and property.This agreement is consistent with the essence of China’s marriage law,which is the embodiment of the autonomy of the spouses.This paper is based on explaining the basic theory of the marriage gift agreement.Through analyzing the cases injudicial practice,the cases involving the marriage gift agreement will be sorted according to the type of case,legal relationship,focus of dispute,basis of judgment,etc.The analysis and found that the marriage gift agreement has the following problems at this stage:the nature of the marriage gift agreement is ambiguous,resulting in the result of different judgments in the same case;attributing the right of arbitrary revocation to the donor,resulting in unfair judgment,favoring the donor,and harming The legitimate rights and interests of the grantee;during the signing of some marriage gift agreements,one party will be threatened,so whether the coercive marriage gift agreement is valid;the rigidity at trial is too strong,and the marriage attributes between husband and wife are ignored.The following suggestions are made based on extraterritorial legal experience.First,the nature and form of the intra-marriage gift agreement must be clarified.Second,the statutory right of revocation is granted to the donor in the Marriage Law.The effectiveness of intra-marital gift agreement involving coercion should be analyzed in specific cases.Finally,it is necessary to distinguish the relationship between marriage and contract,highlight the marital nature of the marriage gift agreement,and give priority to the Marriage Law and its related judicial interpretation.The author concludes this article with a summary of the marriage agreement,and briefly summarizes the results of my research on the marriage agreement...