A Study of the Revocation of the Clause on the Gift of Property to Children in Divorce Agreements
The clause on the gift of property to children in the divorce agreement is attached to the legal act of dissolution of mar-riage between the two parties,and is closely intertwined with the identity relationship.This kind of gift is closely related to the parents'obligation to raise their children.It contains family ethics and emotional factors.Therefore,it must be distinguished from gifts of property that occur between ordinary civil entities,and the parties do not have the right to arbitrarily revoke such clauses in the divorce agreement.Since the current law does not have specific norms to negate the granting party's right of arbi-trary revocation,the principle of good faith can be applied at this time to play the role of the basic principles of civil law to fill the legal loopholes.The granting party's request to revoke the gift of children's property after the divorce and before the regis-tration of the change of property rights violates the principle of good faith.If the parties concerned do not act in good faith and disregard the interests of the children,and if they are allowed to exercise the right of arbitrary revocation,the balance of inter-ests that the divorce agreement was intended to bring will be broken and it will be difficult to protect the weaker party.
divorce agreementrevoke by free willthe principle of good faithbest interests of children
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