论离婚协议中约定赠与的司法判定.pdf

Abstract The current concept ofmarriage in China comparedwith profound changeshave taken place in the last century, in the process of divorce of husband and wife, in order to conveniently and quickly to terminate the relationship, from mud for the purpose of marriage,mostcouplescanchoosedivorceregistrationto civiladministrationbranch,to sign a divorce settlement. Was simple to terminate the relationship as the core content of the divorce agreement,tend to additionalterms, someofthe othermakes the divorce agreement contentenriched,inadditionto simplyremovethepersonal relations, increasethe contentof propertyrelationship,suchasagreedinthedivorceagreementthegift. Inthejudicial practice,because ofthe giftinthe divorceagreementagreeddisputecase more and more. Of the disputes, there is no direct law, all of the peoples court for such disputes,thereferee doesnot agree,similarcasesexistatodds.Thejurists aroundthenature ofthegiftandagreewiththedivorceagreementwhetherthedonorshallenjoytherightofany cancellation has since the see. To this, this article to husband and wife in the marriage registration authority for divorce, the divorce agreement signed by the two parties in the contractofthegifttodiscussresearch,adoptthemethodofcombinin empiricalanalysisand theoretical analysis, by analyzin practical cases, combined with the marriage, contracts, intellectualpropertyrights,andprocedural lawtheory,thearticlebuilda giftinthedivorce agreementagreeddisputejudicial decisionrules. Apartfromtheintroduction,thetextisdividedintofiveparts,about20000words. The firstpart ofthe problem isput forward. Introduce wan mou andNew York: ivy books donative contract dispute case, lead to the gift in the divorce agreement agreed disputequestion.Byretrievin the Chinesenetwrittenjudgment, collectin similarcase,the caseanalysistable (seeattachment 1),induces giftagreewiththe divorceagreementtothe dispute of the four