Comment On The Case Of Gift Of Husband And Wife Jointly Owned Movables

As the standard of living rises,most couples have more money in their pockets after marriage,but there are always advantages and disadvantages.For example,during the existence of the relationship between husband and wife,it is common for one spouse to give the joint property to the third person outside marriage,which obviously violates the property rights of one spouse.At present,the law of our country does not have clear provision to punish or protect how to return the joint property of the husband and wife,but after the "Civil Code" came into effect,as far as the effect of the act of giving to a third party during the existence of the couple is concerned,it has been clearly determined that the gift is invalid.However,there are still many disputes in the Civil Code on the basis of claim in such cases and the return of property shares after the invalidation of the gift contract and whether it is necessary to calculate the interest on capital occupation.For the current larger controversial issues,to Li,Dai and Lai and other gift contract dispute case as a starting point,Combined with three auxiliary cases and a large number of similar cases in the China Judicial Document Network,this paper discusses the problems involved in the act of one of the spouses’ joint movable property without authorization,namely: 1.How to choose the best claim basis in such cases;II.After the gift becomes invalid,how shall the amount of the gift property be returned and whether interest on the use of funds be included? Through the analysis and demonstration of the law,a large number of cases and theories,combined with the actual situation of the case,the following conclusions are drawn: first,the best claim basis needs to be analyzed in detail according to the actual circumstances.There are two main types,one is the existence of real movable property such as cars,jewelry,etc.,can be based on the return of the contract invalid claim for the implementation of the right to return the original claim,Second,no real movable property only gift money can be based on the basis of unjust enrichment claim to claim compensation for losses.Second,the issue of the return of property share and interest can be considered comprehensively from the bona fide of the third party outside marriage,The donee who is at fault shall return all the property with interest on the use of funds,while the dontee who is not at fault may return part of the property without interest.