夫妻一方将共同财产赠与第三者的法律适用

On Application of Law about Gifting Common Property to the Third Party by Any of the Spouse

基于重婚、同居等情形,夫妻一方将共同财产赠与第三者的协议因违反公序良俗而无效,第三者不得要求履行;已经履行的,由于该赠与系不法原因给付,赠与人不得请求返还。赠与行为侵犯了合法配偶的财产共有权,合法配偶的权利救济途径有两种:一是请求第三者返还赠与物,但仅限于赠与物中合法配偶有权部分,一般认为是赠与物的一半;二是请求赠与人赔偿损失,基于夫妻共同财产制,以离婚时行使为宜。

The gift agreement to the third party, which is based on commit bigamy or cohabitation, is ineffective because it violates public order and good custom; the third party may not ask for fulfilling the requirements. But if the gift agreement has been fulfilled, the donor may not request the return due to unlawful reasons of payment. However, the donor invades the right of the legal spoused common ownership property because of free transfer. There are two ways to remedy the right of the spouse. One way is to request the return of the donor, but only limited to the legal right of the spouse in the gift, which is generally believed to be half; the other way is to request the donor’s compensation for the loss in divorce,because of the husband and wife common property system.