Welcome to Francis Academic Press

Academic Journal of Humanities & Social Sciences, 2023, 6(9); doi: 10.25236/AJHSS.2023.060915.

Determination of the Nature of the "Property Granted to Children" Clause in the Divorce Agreement


Xiangxiang Zhao

Corresponding Author:
Xiangxiang Zhao

Zhongnan University of Economics and Law, Wuhan, 430073, China


Through the analysis and comparison of "Yu XX case" and similar cases, it is found that the provision of "giving property to children" in the divorce agreement has both personal and property attributes. For this reason, it is inappropriate to simply apply the rules of the Civil Code on gift contracts. From the two dimensions between husband and wife and between parents and children, this clause can be interpreted as a divorce property liquidation agreement and a contract for the benefit of a third party. Under this qualitative framework, within each dimension, this clause can be divided into "statutory obligations" and "contractual obligations", However, this does not mean that the legal obligation part only has personal attributes but not property attributes, and the agreed obligation part only has property attributes without personal attributes. It is precisely because the personal attributes and property attributes are intertwined in the whole content of the divorce agreement that will lead to the phenomenon of different judgments in the same case when the judge hears similar cases.


Divorce agreement; Gift contract; Contracts for the benefit of third parties; Divorce Property Liquidation Agreement

Cite This Paper

Xiangxiang Zhao. Determination of the Nature of the "Property Granted to Children" Clause in the Divorce Agreement. Academic Journal of Humanities & Social Sciences (2023) Vol. 6, Issue 9: 95-102. https://doi.org/10.25236/AJHSS.2023.060915.


[1] Xue Wei. Study of the "gift of children's property" clause in divorce agreements [J]. Legality Vision, 2022(30):35-37. 

[2] Wang Liming. Contract Law [M] Beijing: Renmin University of China Press, 2015, 2-55. 

[3] Lei Chunhong. Study on the clause of "gift of children's property" agreed by the divorcing parties [J]. Research on Rule of Law, 2022, 144(06):80-91. 

[4] Huang Wei. Interpretation of Marriage and Family Code of the Civil Code of the People's Republic of China [M] Beijing: Law Press, 2020, 66-68. 

[5] Xia Yinlan. Commentary on Chinese Civil Code [M] Beijing: Renmin University of China Press, 2020, 71-74. 

[6] Peng Wanlin, Civil Law [M] Beijing: China University of Political Science and Law Press, 2011, 2-65. 

[7] Yu Yanman. On the Origin of Kinship Law [M] Beijing: Law Press, 2007, 69-70. 

[8] Yuan, C. On the agreed transfer of property ownership between husband and wife and its difference from gift [J]. Journal of North China University of Water Resources and Electric Power (Social Science Edition), 2012, 28(05):125-128. 

[9] Wang Geya. The institutional choice and value pursuit of divorce property liquidation [J]. Legal Forum, 2014, 29(04):24-33. 

[10] Zhang Wensheng. The path of interpretation of the effect of the property-giving clause in divorce agreements: the Civil Code as the background of interpretation [J]. Journal of Anhui Vocational College of Police Officers, 2022, 21(05):11-16. 

[11] Zhang Huagui. Research on the law of marital property relations [M]. Beijing: Mass Publishing House, 2017,51-55. 

[12] Shen Chen. The validity of intra-marital agreement under the perspective of the Civil Code [J]. Law Review, 2021, 39(06):181-193. 

[13] Xiong Yumei. The validity of divorce property division agreement: a perspective of the lawsuit of real estate execution objection [J]. Journal of Jiangxi University of Finance and Economics, 2020, 128(02):128-136. 

[14] Lu Qing. Research on the "gift of children's property" clause in divorce agreement [J]. Chinese Journal of Law, 2018, 40(01):87-105. 

[15] Zhang Rong. On the legal effect of marriage personal agreement [J]. Journal of Xidian University (Social Science Edition), 2021, 31(01):72-79