Study On The Law Of Bestowal Between Husband And Wife

In marital relationship and family life,the phenomenon of donation between husband and wife is not rare.However,How to define the gift between husband and wife,whether the donor can withdraw the gift in accordance with the provisions of China’s contract law,these questions are very vague,resulting in a very confusing law application in practice.In 2011,the Supreme People’s Court of China promulgated the"Judicial Law Judicial Interpretation(Ⅲ)",which stipulates that between the husband and the wife,the property rights dispute shall occur in accordance with the provisions of the Contract Law on the gift contract.Before the change registration,the donor may arbitrarily cancel the gift.Many legal experts and scholars discussed a lot about the rationality and appropriateness of this regulation.Therefore,this paper intends to study and discuss the legal issues related to the gift between husband and wife,hoping to help resolve the disputes related to the gift between couples in practice.A gift between husband and wife is when the relationship is about to be formed or has already been formed,one person transfers part of or all of the ownership to another one.The property gift between husband and wife should be distinguished from the property gift between the general subject and the marital agreement property system,which should be characterized as a special gift.In practice,the object of this kind of disputes is mostly large property such houses and cars,with the current legal logic,without discriminating the concrete conditions,the donator who grants gifts between husband and wife is granted with the right of arbitrary revocation,which is not conducive to protecting the integrity recipient in the vulnerable party and does not conform to the legislative concept of marriage law.Therefore,allow the giver to withdraw the gift optionally cannot solve the problem of property donation between husband and wife once and for all.China needs to analyze the characteristics of the gift between husband and wife,learn from other nations’ experience,and explore more reasonable system to resolve marital disputes about property donation.In other countries and regions’ legislative models,the German couple gift is defined as behavior based on the relationship of law,and the System of Legal Activity Ground Defect is applied to resolve spouse property donation disputes,namely when unsuccessful marriage or remove,if not reasonable to expect the donor continue to perform the donative contract,visual changes or remove gift contract,to protect the interests of both husband and wife.The System of Legal Activity Ground Defect can solve the legal problem of bestowal between husband and wife more flexibly.