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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

Author(s)

Xiangxiang Zhao

Corresponding Author:
Xiangxiang Zhao
Affiliation(s)

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

Abstract

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.

Keywords

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.

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