Analysis Of The Ownership Of Accepted Donations During The Period Of Legal And Valid Marriage

Marriage not only is the foundation of family, but also the fusion of feelings andmaterial. During the period in which couples are under contract of marriage, husbandand wife may accept some gifts from the third party,such as their parents donateproperty to them. Husband or wife also can accept gifts from each other. Thesedonations or gifts have important implications for stabling family relations, and canpromote the relationship between husband and wife. In today’s world, however, thedivorce rate is too high. Once couple’s affection break and divorced, the ownership ofaccepted gifts may trigger new disputes. Although our country’s marriage law and itsjudicial interpretation have some definite rules about donated property, especially theownership of real estate, but these provisions are controversial. Clear ownership canend disputes, guard against conflicts in marriage family and help social stability.While if we want to define the ownership accurately, we should have a fullunderstanding of marriage and family status, marital property system in China,donation system. Also we should have ability to balance the interests of all parties,weigh the pros and cons. This article is to study the ownership of accepted giftsduring the period of legal and valid marriage by clarify marriage donated types,donation system, marital property system and so on. Then based two typical marriagedonation and related law and its judicial interpretation in China, put forward some advises.This article is divided into four chapters, the first chapter, state the basicsituation of donation during the period of legal and valid marriage, including theconcept, characteristic, the scope of the gifts, type, etc. The second chapter mainlyelaborates the relationship between the donation during the period of legal and validmarriage and general donation, emphatically discusses the right of withdrawing thedonation contract at will, because the latest marriage law judicial interpretation (3)of marriage law stipulated in article6that the real estate donation between husbandand wife can apply the right of withdrawing the donation contract at will. It isnecessary to pay attention to the right of withdrawing the donation contract at will.The third chapter expounds the relationship between couple’s property system andthe donation during the period of legal and valid marriage. One side or both sides ofcouple accept the gift will inevitably lead to the change of personal property orcommunity property. The fourth chapter mainly introduces our country’s marriagelaw and its judicial interpretation about the two most typical donation during theperiod of legal and valid marriage. In view of the existing disputes and putforward own views to perfect regulations about the ownership of accepted giftsduring the period of legal and valid marriage...