A Study On The Legal Application Of The Clause "Donate Property To Children" In Divorce Agreement

With the gradual improvement of the construction of the rule of law system,people’s awareness of the rule of law has been constantly strengthened,and when disputes occur,they will choose more judicial means to solve them.Issues such as distribution of marital common property,child support,and the protection of the rights of creditors outside the case have emerged in a large number in judicial practice.Among the disputes in many divorce cases,the "donate property to children" clause in the divorce agreement is controversial in the application of law due to the vague nature of the clause and the inconsistent determination of the validity of the clause,which makes this kind of case appear in different courts with different judgments in the same case,different law applications in the same judgment,but different reasoning in the same law application.As it involves the harmony of family relations and the security of economic transactions,the disunity of the current judicial practice is not only difficult to achieve the effect of serving judgments and interests,but also will affect the credibility of the judiciary,so it is imperative to solve the above problems.This article first discusses and analyzes the nature,effectiveness and theoretical basis of the rights of the parties to the gift clause,and clarifies that the nature of the "donate property to children" clause in the divorce agreement has the identity attribute,does not apply to the relevant provisions of the property law,and has the effect of property rights within the family,and the arrangement of this effectiveness system will not harm the legitimate interests of the third party outside the case;Secondly,combining the current situation of the protection of rights,we find the deficiencies in judicial practice.It points out that in practice,there are some problems in the application of law when the judgment clause comes into effect,the exercise of the right of claiming cancellation,the children’s independent claim and the application for exclusion of compulsory execution;Finally,based on the deficiencies in practice,the author puts forward a legal application plan in line with the nature of the provisions,that is,the application of law should be more biased towards marriage and family law.Clarify the litigation system of children’s independent right of claim,and the effectiveness of the rights obtained by children can bring an action of objection to enforcement,and then demonstrate that the elements excluding compulsory enforcement do not include "the only house of the family".Through the above measures,we can improve the judicial trail of such cases,balance the interest relationship between parents and children,children and creditors outside the case,promote family harmony and social fairness and stability,and improve judicial credibility while protecting children’s rights.