Case Analysis Of Real Estate Donation Disputes Between Husband And Wife

The phenomenon of real estate gift between husband and wife is common in real life,but how to define the nature of the gift between husband and wife,whether the donor can revoke the gift before transferring the gift property in accordance with the provisions of China’s contract law,and other issues,the relevant provisions of the marriage law and the contract law are contradictory,resulting in the confusion of the application of the law.At the same time,there are also differences on whether the marriage law or the contract law and the property law are applicable to the gift of husband and wife’s real estate,resulting in a large number of different judgments in the same case.Through the analysis and summary of a large number of cases,it is found that the dispute focus of such cases mainly focuses on the qualitative analysis of marital property gift,judicial application and whether the real right change can occur directly in real estate gift.Neither the general gift theory nor the special gift theory can solve the qualitative problem of husband and wife’s real estate gift.Only the theory of husband and wife’s property restriction can solve this problem.The theory of marital property agreement is not only in line with the basic principles of civil law and the principle of party autonomy,but also an independent property agreement model in China,which is in line with China’s national conditions.It can better protect women’s legitimate rights and interests.The main reason why the application of husband and wife real estate law is chaotic is qualitative.The application of marriage law to the gift of real estate between husband and wife is more conducive to deal with the contradictions between husband and wife and maintain social harmony.The agreement between husband and wife has the effect of directly changing the real right,which is in line with the characteristics and practices of China’s marital life and does not need to go through the change registration.However,when the interests of the third party are involved,the internal agreement can not resist the third party.In order to solve such disputes,we should further strengthen the value concept of marriage law at the legislative level,change the arbitrary cancellation right of husband and wife gift to the legal cancellation right,and increase the poor defense right.In this way,the handling of husband and wife real estate gift dispute cases can better realize case justice and social fairness.In addition,the judge should be given free jurisdiction to protect the interests of the donee.