婚外同居赠与法律适用研究

Research on the Application of Extramarital Cohabitation Donation Law

婚外同居赠与案件就赠与合同的效力及财产的返还存在不同的观点。从利益衡量的角度,必须综合运用公序良俗原则、无权处分制度、不法给付制度和夫妻共同财产分割制度,在区分动机认定赠与合同效力的基础上,对赠与财产的属性予以区分对待,具体分析赠与财产的返还,合理保护各方当事人的利益。通过制度间的合理协调,完善婚外同居赠与案件的法律适用。

There are different points of view on the validity of contract of gift and the return of property in the case of extramarital eohabitation. From the perspective of interest balance, we must make use of the principle of public order and good social customs, system of non-right disposition, system of illegal payment, system of husband and wife common property division. Based on the determination of the validity of the contract of gift, donated properties should be dealt with differently according to the nature and restitution of the gift property. This is to guarantee the interests of all parties involved. The way of applying extramarital cohabitation donation law is improved by balancing different systems.