A Study Of The Articles On The Property Of The Children In The Divorce Agreement

This paper studies the provisions of giving children property in divorce agreement,focusing on the nature of the "gift of children property" clause in divorce agreement,the judgment basis of dispute on the provisions of "gift of children property" in divorce agreement The article discusses the cancellation of the "gift of children property" clause in divorce agreement and the remedy for breach of contract in the clause of "giving children property" in divorce agreement.In the structure,this paper is divided into five parts:The first part,through introducing several typical cases,explains the basic situation of these cases and the reasons of the court’s judgment,we can find that there are many phenomena of the same problems,different courts and different judgments in the same case.The second part discusses how to treat the nature of the "gift of children property" clause in divorce agreement.This paper thinks that the contract which is applicable to the third party is more suitable.The third part discusses the cancellation of the "gift of children property" clause in divorce agreement.This paper holds that it can not be revoked based on the principle of honesty and credit in general,but it can be revoked in special circumstances.The fourth part discusses the judgment basis of the clause "giving children property" in divorce agreement.This paper holds that since there is no specific provision on this clause in the marriage and family compilation,we can apply the provisions in the contract to solve the validity of the clause.The fifth part discusses the breach of contract relief in the "gift of children property" clause in divorce agreement.This paper thinks that the children should be discussed according to the contract paid to the third party in accordance with the situation to see whether the children are qualified as plaintiff.This paper discusses the problems according to the ideas and logic of putting forward,analyzing and solving problems.This paper proposes a most appropriate solution,which is the contract to pay to the third party,to solve the issue of donation in divorce agreement fairly and fairly.This can not only conform to legal principle,but also conform to the reason,not only can reflect the property relationship of "gift" but also reflect the kinship relationship of the family.