A Study On The Effect Of Giving Property Out Of Marriage Cohabitation

With the rapid development of social economy,people's living standard is increasing day by day,many bad phenomena appeared on the social,typically is married with a third person outside of marriage,this kind of phenomenon is more common in society and much public condemnation.Nonmarital cohabitation side tends to give cohabitant the gift property,the property to an individual's property and joint property of husband and wife or other joint property.After the legal spouse found the fact that in order to maintain their property interests tend to the third person to file a complaint against the request to the court decided that the property donative behavior is invalid and claims that its and legislation is not on the effects of such gifts make clear stipulation,academia part is effective,efficient,conditional valid and invalid's point of view,the court's decision is discussed.This not only leads to the applicable law is not unified,also let the public confused,more let those legal loopholes of wrongdoing at large.In this paper while luzhou in sichuan province in 2001 as the backing,the legacy of case analysis of court decisions,then found the gift effectiveness is the biggest factor that influence principle,disgraceful consideration in this paper,on the contrary to public policy applicable objects on the basis of the definition of the principle of claiming the donation motives,distinguish the offender to distinguish the offender of the nature of the gift property and comprehensive practice in various specific situation to have the effectiveness of the spouse is donative behavior during cohabitation outside of marriage,and to handle behavior invalid after the gift property problem put forward new opinions,hope to help after the case processing.This article is divided into four parts.The first part is the person who has a spouse living together outside marriage introduces the present situation and the judicial practice of the gift property dispute,first of all,the person who has a spouse living together outside of marriage property donation is introduced and analyzed the concept,the characteristics of the gifts of nature,focus on listing the person who has a spouse in the judicial practice nonmarital cohabitation property of the gift of typical cases and analyze the dispute status and harmful consequences.The second part introduces the person who has a spouse living together outside of marriage property donative decided academic controversy,main viewpoints including effective said,some effective,effective speaking invalid conditional,etc.The author analyses and to each kind of point of view.Most such court decisions are emphatically analyzed donative behavior invalid reasons,and lists various problems that exist in the court in the judgment.The third part expounds the person who has a spouse living together outside of marriage property gift for what is considered the problem,discusses the influence that the person who has a spouse living together with others property gift effectiveness factor namely the principle of disgraceful consideration,disgraceful consideration are introduced in the terms of the extraterritorial legislation and judicial practice,mainly introduced the principle of disgraceful consideration as a legal principles applicable objects.Put forward its own views in the second quarter is the gift property different motives,the nature of the gift property is not question how gift for that at the same time.The fourth part introduced our country person who has a spouse and others living together outside of marriage property is invalid after the gift property,the legislation of our country introduces and analyzes,in special cases introduction of illegal reason payment system,and not just based on invalid behavior property shall be returned,comprehensive protection of the property rights of legal spouse and no-fault the interests of a third person to achieve the purpose of maintaining social fairness and justice.