The Legal Analysis Of Zhangxueying And Ganjiaren On The Case Of Donation Contract In Cohabitation

At present, there is a negative social phenomenon-extra-marital cohabitation. The parties in cohabitation will often grant a certain property of the other one. However, when such acts of extramarital grant are sued to the courts, the courts usually hold that the acts violate the principle of public order and good customs, and rule that such gift is invalid. In my opinion, not all acts involved in extra-marital cohabitation donation are void, on the contrary, the public order and good morals should be served as the principle to distinguish between the parties'motive of donation, and differentiate respectively the validity of donation acts according to specific conditions. Through the legal analysis of the cases of Zhang Xueying vs. Jiang Lunfang on the dispute about legacy as well as Gan Jiaren vs. Lu Xiaoyan on the return of the bestowed property. For the " Gan Jiaren vs. Lu Xiaoyan on the return of the bestowed property ", the court's ruled that donation is invalid, which is appropriate and is consistent with public order and good principles to distinguish between motivation, identifying the validity of donation behavior. The aforementioned judgment is prone to protect the social order and public interests, and also helps the court to govern those behaviors by using decisions. However, as for the case Zhang Xueying vs. Jiang Lunfang, the Court's decision, which is based on the principle of public order and good social customs, is treated with reserve according to the author. Both of the cases reflect Chinese legislation's lack of unification and coherence in the criteria when making judgments in the filed of the legal principles mentioned before, i.e., the deficiency in legislation is the core in resulting in those problems. This paper, therefore, proposes approaches in solving those problems, which could be extremely important in protecting people's rights and establishing a society ruled by law.This thesis is divided into three parts. The first chapter is based on the background of the case, the decision and the rise of questions. This chapter introduces details of both the cases Zhang vs. Jiang and Gan vs. Lu, the court's decision and then the author puts forward the question based on the principle of public order and good social custom as well as the decision;The second chapter is the legal analysis. It brings up the hidden implication in the court's decision, presents the principle's implementation in the world and analyze domestic scholars'interpretations of the principle. In particular, it focuses on the analysis of the decision and therefore, discourses cases abroad and the necessity in investigating those cases;The third chapter is the feedback of the cases. The author holds that, as for cases share similar characteristics, the decision should be based on the principle of public order and good social custom and treated them differently thereof after analyzing the motivations. Consequently, it is necessary to draw up a set of national-uniformed criteria on the principle of public order and good social custom and the local areas could therefore according to specific local conditions around making judgments.It needs to stress again that by setting a logical scope of the principle abovementioned, the different legislation could better coordinate within a more coherent legal system. Furthermore, by applying the principle, it could help reduce the randomness and blindness, avoid mistakes and improve the quality and efficiency in legislation process.