The Research Of “Marriage Law” Judicial Interpretation (3) Article 7

In practice,parents pay all their savings for buying house for their married children,generally parents won`t sign a written agreement with their children for this gift,so if all the houses are identified as the joint property of husband and wife,it would violate the original intention and willingness of parents and their purchases for their children.So house property which is redistricted in the name of their children whose parents pay many to buy the house,should be identified a gift from parents to their children.The many people agree this point of view and think that opinion give consideration to the special status of China and its social sense to help to solve disputes.If a house is funded by both parents of the husband and wife,but the property right is registered in the name of one child,then that better to be in a share of capital contribution of both parents,which is more realistic.The article seventh of Interpretation three of "marriage law" starts with the provisions from the reality of our country,connect the registration of property rights with the expressions of intention for gifts,can make the parents contributive judgments based on purchase intention is more objective,convenient and unified judicial discretion scale,which is also advantageous to protect the marriage and their parents` rights.However,national conditions and common sense are too vague words,if we don`t know the relationship between husband and the property of wife and husband clearly,this rule may cause more conflict.This makes us to pay more attention to the reality,using theories of certain constitutional law,jurisprudence and civil law to analyze the social problem.