The Research On The Right Of Revocation Of Marital Property Gift

As a common property relationship between husband and wife,marital property gift plays an incomparable role in stabilizing family life and social harmony.In 2011,the sixth article of "judicial interpretation of marriage law" proposed that the husband and wife enjoy the right to revoke the gift on certain conditions and provide some specific and operable standards which has played a positive and effective rolefor solving the problem of this kind of dispute.However,with the increasing complexity of such disputes,there are still many controversies about the understanding and application to the right of revocation of marital property gift.This article tries to explore the right of revocation between husband and wife by three parts.Firstly,it simply introduces the legislative and judicial status of the right of revocation between husband and wife in our country,and then puts forward the current problem of the right of revocation between husband and wife in our country;secondly,by comparing with other similar concepts,the theory points of view is made.In the end,the relevant provisions about the right of revocation of husband and wife property and property in the world are put forward in order to improve the right of revocation of marital property gift in our country.The following is as follows:In first chapter,the author mainly shows the legislative and judicial status of the right of marital property gift.Firstly,the evolution process of relevant legislation in China is briefly introduced,and the sixth article of "marriage law judicial interpretation" is understood.Secondly,it analyzes the relevant cases in the judicial practice,summarizes the referee criteria of this kind of case,and evaluates the currentsituation of our legislation and practice,holding that there is no clear standard for the right of revocation between husband and wife in our country at present and the protection of the interests of the donee is weak.The author puts forwardthat the reasons can be concluded as follows: the unclear nature of the marital property gift,and the vague application of the right of revocation.In the second chapter,the author focuses on defining the legal position of marital property gift.On the basis of explaining the meaning and characteristics of marital property gift,the differences with other similar concepts are distinguished,and the nature of marital property gift is combed.As a result,there is no substantial difference between marital property gift and general gift.At the same time,the contract law is affirmed on the legal application of marital property gift.There is a significant importance to fully understand the party's intention.In the third chapter,the author focuses on the specific application of right of revocation of marital property gift.It is necessary to put forward the stipulations on the right of revocation of marital property gift in our country.Since the revocation right in the gift contract is not the remedy expressed by the defective meaning,it is actually a "right of withdrawal",so the applicable rules cannot be overly referred to the right of revocation under other systems.In order to guarantee the benefit of the donee by further restraint of the right of free revocation of the donor to ensure the benefit of the recipient,according to the relationship between husband and wife,the exercise type of the legal revocation right is adjusted slightly,and the possibility of the application of the property gift of the husband and wife is increased.Finally,we should clarify the relief mode after the donation is revoked.If the gift can not be returned to the original,the donee can replace the compensatory donor in other ways.The further study of the right to revocation of marital property gift hopes to provide a more unified standard for the relevant disputes,so as to balance the interests of both parties.