Research On The Property Clause Of Divorce Agreement Bestowal To Children

With the development and progress of the society,people’s pursuit and yearning for freedom and independence are getting higher and higher.Therefore,there are more and more divorce cases.However,divorce not only includes litigation divorce,but also includes agreement divorce.Divorce agreement,refers to the husband and wife because of reaching the degree of emotional breakdown,meet the conditions for granting divorce,both parties in order to be able to smooth dissolution of marriage,after consultation and research decided to reach an agreement on their property relations and identity relations,divorce agreement has legal binding force on both sides of the husband and wife.There is a special clause in the divorce agreement--the clause of gift of property to children.The author thinks that it is worth discussing whether the nature of the property given by one or both spouses to their children in the divorce agreement should be consistent with the gift in the sense of contract law.The reason is that it is based on the right to revoke the gift contract in the contract law.In China’s judicial practice,some parties maliciously make use of such provisions in the divorce agreement to request the court to revoke the gift behavior after the purpose of dissolution of marriage relationship is achieved.The reason is that it is based on the right to revoke the gift contract in the contract law.Or delay the performance,refuse to handle the property right change registration procedures,damage the legitimate rights and interests of the other party and the recipient of children,thus causing a series of disputes.In the judicial practice of our country,the cases of different sentences in the same case are common.There are also great differences in the application of the law by local courts.The author thinks that whether the nature of one or both husband and wife’s gift of property to children in the divorce agreement should be consistent with the gift in the sense of contract law is worth discussing.In my opinion,we should grasp the relationship between the clause of the gift of property to children and the divorce agreement on the whole,start from the purpose of the clause in the divorce agreement between the husband and wife,and analyze the specific problems,so as to get the most reasonable legal application answer of this kind of legal issues.Through the method related to the specific case,I draw questions from the case,focusing on the argument and reasoning of the nature and effectiveness of the gift,as well as the remedy method when the party refuses to perform or delays the performance.Aimed at putting forward their own views and opinions,in order to help the solution of this difficult problem.