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A Study On The Effectiveness Of Gifts By Extra-marital Cohabitants

Posted on:2021-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:A J TanFull Text:PDF
GTID:2416330602471078Subject:legal
Abstract/Summary:PDF Full Text Request
Extra-marital cohabitation has great destructive power to the harmony and stability of marriage and family,which makes the three parties deeply troubled not only by emotional tangles,but also the consequent property disputes.The academic circles have always held different views on how to identify the validity of the donative behavior of extramarital cohabitant.In judicial practice in China,it often happens that married people cohabit with others outside of marriage,and donate the community properties to the extramarital cohabitant.The current laws and judicial interpretations do not have clear provisions on the validity of the donative behavior of extramarital cohabitants,but many experts and scholars have made great efforts to explore this issue.The Supreme People’s Court has also issued relevant guiding cases to explore a reasonable judgment path to solve this problem,however,the disputes caused by the gift of extramarital cohabitants often have the characteristics of long duration,complicated relationship,and difficult balance between legal principles and reason.It is precisely because of these characteristics of the cases that the views held by all parties are quite different.Up to now,there has not been a unified view on how to determine the validity of the donative behavior of extramarital cohabitants.Aims at the difficult problem of how to identify the validity of the gift behavior of extramarital cohabitants,from the perspective of the donating to extramarital cohabitants,this paper analyzes and discusses the relevant academic theories and practical treatment methods from the case of Guo suing Xu,summarizes the different views of the academic circles on this issue and the reasons for the different judgment results in the judicial practice,and then puts forward the reasonable judgment reasons and paths.It holds that the validity of the gift behavior of extramarital cohabitants cannot be identified in a "one-size-fits-all" way,but needs to analyze the specific problems of each case.
Keywords/Search Tags:Extra-marital cohabitation, Gift, Public order and good customs, Goodwill
PDF Full Text Request
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