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The Common Property of One Spouse Extramarital Cohabitation Gift Research

Author: ChenXia
Tutor: PeiZuo
School: Dalian Maritime University
Course: Legal
Keywords: Extra-marital cohabitation Donation Public order and good morals Motivation
CLC: D923.9
Type: Master's thesis
Year: 2013
Downloads: 46
Quote: 0
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Abstract


November2010"Supreme People’s Court On The Application PRC Marriage Law Interpretation of Several Issues (3)(Draft)"(hereinafter referred to as "judicial interpretation of the Marriage Law (3)(Draft)") Article2the issue of compensation for third party property, caused academia GF attention. There are some areas of civil law for acts of extramarital cohabitation property gift theoretical discussion, most people insist on extra-marital cohabitation in the donation of property due to a violation of civil law in the conduct of public order and good customs and should be recognized as invalid; But some people hold different attitudes, feel that the use of public order and good morals to determine some wrong act invalid gift, gift act is invalid if it is determined, to a certain extent contributed to the wrongful act of the donor, extramarital cohabitation in the interests of vulnerable groups can not be guaranteed. Judicial practice appears more than one spouse will donation of property extramarital cohabitation case, although roughly the same nature of the case, but all over the court’s result is different. This paper focuses on the behavior of extramarital cohabitation donation of property and effectiveness are discussed.The first part of this paper mainly through related cases and judicial review of the practice of extra-marital cohabitation gift summed up the diversity and complexity of behavior. In the second part of the main property of extramarital cohabitation in analyzing the effectiveness of donor behavior. This section is divided into two smaller parts, the first part analyzes the theoretical circle small gift behavioral effects found to exist on the controversy; second part of the article focuses on a small part, mainly on the author’s point of view. The author from the principle of public order and good morals investigation, the donor’s motivation, the donee’s subjective state of mind three aspects express their views. The third part focuses on the act is invalid when the gift is returned when the legal consequences of the gift thing. This return of the subject matter and from the donor, the legal basis, the return of the cause of action and the return of share four aspects for detailed analysis. The fourth part is a critical analysis of relevant legislation and legislative proposals. Our laws to protect the donor spouse inadequate. Although the "judicial interpretation of the Marriage Law (three)(Draft)" involved in any relevant legal provisions, but because such a controversial issue, when the formal introduction has been deleted."Marriage judicial interpretation of the three" on page4for the first time provides for division of jointly owned property marital regime, but for legal reasons the limitations clause, failure to adequately protect the legitimate interests of the donor spouse. The final paper is our laws Legislation. Compensation system established within marriage, the couple established a very property system to achieve the maintenance of marriage and family stability, protect the rights of the donor spouse, to achieve a fair and impartial legal purposes.

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