Practical Research On The Distinction Between Marital Property Agreement And Marital Gift Contract

With the increasing socioeconomic development of family wealth,the question of property for both spouses becomes delicate.Conceptually,the matrimonial property agreement and the gift both spouses are two very different concepts,and there are obvious differences between the two categories.They would have their own fields of application in the application of the law and would not be difficult to distinguish in practice.However,if the content of the agreement between husband and wife is vague,the agreement between husband and wife on the attribution of property will blur the line between the agreement on matrimonial property and the gift of husband and wife,making it difficult to distinguish the two.The uncertainty of the nature of the spousal property agreement and the spousal gift contract leads to the complexity of the spousal property relationship,and the difference in the quality of the property ownership agreement directly causes the judge to be confused about the application of this provision,and even to the phenomenon of "one law and two cases’ ’.The distinction between spousal property agreement and spousal gift contract has caused many disputes in theory and practice.Excluding the introduction,the article has four chapters.The first chapter makes a brief analysis of high-profile cases in practice,combs out the concrete manifestation of marital property agreement and marital gift contract in judicial practice,and concludes that the three cases are difficult to distinguish the commonality between marital property agreement and marital gift contract in practice.The second chapter analyzes the theory of matrimonial property agreement and matrimonial gift contract,and summarizes his understanding of both.This paper teases out the difference between the two in the aspects of subject identity,content of agreement,purpose of action,expression of meaning,form,validity and consideration.The third chapter analyzes the data according to the selected and sorted cases,analyzes the collected data with three judgment conflicts,and analyzes the judgment criteria of such cases,so as to summarize the conflict in the application of law between the marital property agreement and the marital gift contract in China’s practice,According to the dilemma of the difference between the two in practice,this paper summarizes the dilemma caused by the different nature of the marital property agreement and the marital gift contract,the lack of legislation and the unreasonable application of arbitrary cancellation right.According to the combing of the previous chapters,the fourth chapter puts forward to clarify the nature of the marital property agreement and the marital gift contract,improve the relevant legislation of the marital property agreement and the marital gift contract,and make a limited interpretation of Article 32 of the interpretation of the civil code on marriage and family(I).The judge’s discretion should be in good faith and other practical suggestions.