Case Study On The Effectiveness Of Property Grant Clauses In Divorce Agreement

With the rapid development of the economy and society,people’s mindset has also undergone great changes when facing disputes.People are gradually becoming more rational in dealing with divorce disputes and adopting a more moderate approach to divorce by reaching an agreement,which has led to a rise in the number of cases involving the validity of property division or inheritance in divorce agreements.Such disputes usually revolve around three central issues,those are the determination of the nature of the property grant clauses in divorce agreements,the handling of meaning representation blemishes of divorce agreements,and whether the outsiders can preclude the enforcement procedure of the executors based on the property grant clauses for divorce agreements.This thesis goes into the validity of property grant clauses in divorce agreements based on case studies and relevant literature research.First of all,in analyzing the nature of the property grant clauses,the author starts from the legal attributes of the grant contracts to compare the similarities and differences between the legal characteristics of the divorce property grant agreements and the legal characteristics of the grant contracts,and then deny the gift contracts of the property grant clauses in divorce agreements and explain the relationship of divorcing spouses should be defined as divorce liquidation relationship,as well as the rationality of the establishment of a contract with a third person’s interest between the spouses and their parents when one of the parties receiving the property grant is a minor child.Secondly,regarding the effect of meaning representation blemishes on the validity of divorce agreements,the author dissects whether the dissolution of the marital relationship is invalid due to meaning representation blemishes and the validity of the agreement on the granting of property in divorce agreements from the perspective that couples engage in false divorces to achieve some kind of specific purposes.At the same time,the author inspects the application of "unconscionability" to the situation of taking advantage of a person’s hardship in a divorce agreement in light of legal provisions and practical cases.Finally,with regard to the exclusionary effect of the property grant clauses in divorce agreements on the compulsory execution proceedings,the author investigates how to determine the exclusionary effect of the acceptance of property grant on the compulsory execution proceedings in practice,based on the rules of change of property rights and the scope of protection of the expectancy rights of property,combined with the application of the elements of Article 28 and 29 of the Regulations on Review of Executive Objection by the third party’s objection.In addition to the Introduction and the Conclusion,this thesis consists of three parts.The first part summarizes the main controversial issues in judicial practice regarding the property grant clauses in divorce agreements through the analysis of key cases.The second part is a jurisprudential study of the issues in focus,texting the nature of the property grant clauses in divorce agreements and exploring the application of the right of rescission of the property granting party around the identity and property issues in divorce agreements,and examining the validity of property grant clauses in the event of meaning representation blemishes,and whether a party who accepts a property grant based on a divorce agreement has the right to block the right of an executor to initiate compulsory execution proceedings against the subject matter of the case.The third part includes the main ideas of this paper and the legislative and judicial implications of this study.The third part includes the main ideas of this thesis and the legislative and judicial implications of this study.