论离婚协议中“财产赠与条款”能否撤销-@@专业论文.docxVIP

1 1 2 2 Abstract Paragraph 1 of Article 186 in the Contract Law of the People’s Republic of China (hereinafter referred to as “the Contract”) provides that “prior to the transfer of rights to the gift property, the donor may revoke the gift”. Paragraph 2 thereof provides that “the previous paragraph does not apply to any gift contract the nature of which serves public interests or fulfills a moral obligation, such as disaster relief, poverty relief, etc., or any gift contract which has been notarized”. The legal clause provides that the donor may revoke the gift prior to the transfer of rights to the gift property otherwise notarized, or with the nature of serving public interests or fulfilling a moral obligation. The legislation and the relevant judicial interpretations have not yet made the clear provisions on whether the clause that the couple stipulates to donate the joint property to the children in the divorce agreement can be revoked. The theoretical circle and the practical circle hold two different controversial opinions on whether the “clause of property gift” can be revoked, without the unified judgments in the trial practice. This thesis takes the case a template, makes comparative analysis on whether the gift can be revoked or not, and researches and discusses the focuses in dispute from the case, hoping to be conducive to the unity of the trail standards in the following trial practice and the maintenance of the legitimate rights and interests of both parties. In addition to introduction, this thesis consists of five parts: Part One introduces the information on the gift contract dispute case in which the plaintiff a junior Wang brings litigation against the defendant another Wang and summarizes the focuses of the case. Part Two summarizes the two controversial opinions on whether the gift can be revoked in the theoretical circle and the practical circle and their respective theoretical basis around the focuses in dispute. Part Three makes comparative