离婚协议中赠与条款的效力——以对子女赠与的不动产为研究对象民商法专业论文.docx

1 1 2 2 Abstract Gift their children in the divorce agreement real estate, gift and go back to revoke the gift feasibility, legal affairs, the court decision is consistent, that is irrevocable. Through out the basis of logical reasoning and judgment of the Court in the judgment process, gift, want to revoke the original gift, the court made the factors considered judgment, that is the gift of whether they are related to the identity relations and moral obligations. Instance foothold through profiling practices, intended to explore the issue of the terms of the gifts in the divorce agreement, make suggestions for improvement, in order to have the benefits of resolving similar disputes. In addition to the introduction, the paper is divided into five sections, of about 18000 words. Introduction. This section mainly explains the topics of theoretical significance and practical value; introduce the topics of study overview; introduction of this writing characteristics. The first part of its case. This section focuses on the origin of the case, the detailed circumstances of the case, the parties claim and justify the reasons and hearing. The second part is the focus of the dispute is introduced. The third part of the divorce agreement Gift Terms of scrutiny and interpretation. This section mainly includes three aspects: First, the theoretical considerations of the gift of the terms of the divorce agreement. Introduces the concept of gift terms in the divorce agreement, the nature, characteristics; Second, the effectiveness of the donation contract. Including valid, invalid, the undetermined effect and may revoke the situation. May revoke the theory says there are both positive and negative views, detailed argument. The gift of the terms of the legislation of the divorce agreement. Mainly includes three aspects: First, the legislation is introduced. Focuses on civil law and common law countries the gift provisions of the divorce agreement legislation introduced; is our int