Extramarital Cohabitation Behavior Of A Gift Of Property

November2010the Supreme People’s Court interpretation (3)(draft)"on the application of the <Marriage Law of the People’s Republic of China (hereinafter referred to as the" Marriage Law of Justice explained (3)") on third party property compensationproblem, causing the the GF concerns of academia. Area of civil law in China there are some to explore the behavior of extra-marital cohabitation donation of property.In these discussions, most people think that the donation of property to illegal public order and good morals principle of civil law should be held to be invalid;But others hold a different attitude, that determine the use of public order and good morals gift invalid be wrong, if you determine the gift invalid, to some extent contributed to the wrongful act of the donor. Extramarital cohabitation in the interests of vulnerable groups can not be guaranteed. Similarly, many couples appear in the judicial practice party donation of property to the case of extramarital cohabitants, although the nature of the case, but not the same all over the court’s results. In this paper, the effectiveness of the behavior of extra-marital cohabitation donation of property to conduct a study to provide a reference for the judicial practice.Primarily through review of relevant case of the first part of this article, an overview of extra-marital cohabitation, including the the cohabitation classification, non-marital cohabitation meaning and the complexity of the donative behavior. The second part is mainly to analyze the effectiveness of the behavior of extra-marital cohabitation in the donation of property. This part is divided into two small parts, the first small part of the main analysis of the theoretical circle the effectiveness of donor behavior identified the existence of controversy; second small portion of the article, mainly on the author’s point of view. Author from the investigation of the principle of public order and morals, the gift of human motivation, the recipient’s subjective state of mind three expressed their views. The third part focuses on other legal issues involved in the donative behavior. This problem from the return of the spouse of the nature of the disposition of property to claim share of the exercise and return of property to discuss the legal issues involved in. The fourth section briefly Analysis of China’s current lack of legislation. Our laws have not done enough to protect the donor spouse. Although involved in the "Marriage judicial interpretation (3)(draft)" such legal provisions, but because of such problems is controversial, with the "Marriage of judicial interpretation (3)" the introduction of this provision disappeared. Finally part of the legislative concept of our legal. Extra-marital cohabitation is not the same marriage, the law on the regulation of extra-marital cohabitation should follow certain basic principles under the guidance of the legislative ideas, such as extra-marital cohabitation, weak human rights protection and respect, and value neutrality principles. Donative behavior, conduct identified, it should be on the basis of upholding the public order and good morals principle examine the donator motivation to establish illegal reasons payment shall not request the return of the system, the establishment of marital damage compensation system, the establishment of the couple very property system, and thus achieve the maintenance of the stability of marriage and familyprotect the rights of the donor spouse, to achieve the purpose of the law is fair and equitable.