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The Gift Terms Effectiveness In The Divorce Agreement

Posted on:2014-08-19Degree:MasterType:Thesis
Country:ChinaCandidate:Z M LiFull Text:PDF
GTID:2296330425979396Subject:(degree of civil and commercial law)
Abstract/Summary:PDF Full Text Request
Gift their children in the divorce agreement real estate, gift and go back to revoke the giftfeasibility, legal affairs, the court decision is consistent, that is irrevocable. Through out thebasis of logical reasoning and judgment of the Court in the judgment process, gift, want torevoke the original gift, the court made the factors considered judgment, that is the gift ofwhether they are related to the identity relations and moral obligations. Instance footholdthrough profiling practices, intended to explore the issue of the terms of the "gifts" in thedivorce agreement, make suggestions for improvement, in order to have the benefits ofresolving similar disputes.In addition to the introduction, the paper is divided into five sections, of about18000words.Introduction. This section mainly explains the topics of theoretical significance andpractical value; introduce the topics of study overview; introduction of this writingcharacteristics.The first part of its case. This section focuses on the origin of the case, the detailedcircumstances of the case, the parties claim and justify the reasons and hearing.The second part is the focus of the dispute is introduced.The third part of the divorce agreement Gift Terms of scrutiny and interpretation. Thissection mainly includes three aspects: First, the theoretical considerations of the gift of theterms of the divorce agreement. Introduces the concept of gift terms in the divorce agreement,the nature, characteristics; Second, the effectiveness of the donation contract. Including valid,invalid, the undetermined effect and may revoke the situation. May revoke the theory saysthere are both positive and negative views, detailed argument. The gift of the terms of thelegislation of the divorce agreement. Mainly includes three aspects: First, the legislation isintroduced. Focuses on civil law and common law countries the gift provisions of the divorceagreement legislation introduced; is our interpretation of legislation for such a gift, to arrive atour legal validity of the gift provisions of the divorce agreement requirement is not clear;specify the applicable Terms gift revocable divorce agreement; Fourth, the identification andtreatment of the donor, the validity of an act in the divorce agreement, described to readers theability to revoke the donation of property in a divorce agreement in the end, should revocableif the gift can be revoked during the length of the Giver revoked after children will request benefits or prosecuted gift party liability for breach of contract. Then made a gift to thechildren of the real property in the divorce agreement may revoke the system. This section ofthis legislative shortcoming, and then presented the gifts their children’s property disputes inthe divorce agreement solution to the perfect gift in our divorce agreement, while also helpthe judicial practiceThe fourth part of the revelation. This section summarizes the full text, to make the caseinvolved legal relationship identified, summarized the related accountability...
Keywords/Search Tags:The divorce agreement, Gift, Status, Moral nature, Right of revocation
PDF Full Text Request
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