"The case"

The plaintiff huang claimed that the defendant was in a relationship with a third person, the plaintiff was the defendant and the third daughter. The defendant and a third party registered for marriage in April 1990 and divorced on 6 March 2009. Divorce agreement the two sides will Li County li Yang town in central China's hunan province in the fairy floor alley no. 62 of the couple's property building 1 set of all the gift of the plaintiff, and the transfer after the plaintiff year full 18 one full year of life to the plaintiff. By October 2009, the plaintiff had reached the age of 18, but the defendant had not fulfilled the obligations of the house. To request judgment against the defendant for immediate performance of the housing obligations; The defendant shall bear all the costs of the proceedings.

The defendant argued that in April 2006, the defendant had already sold a property to his father of $30,000 for a property of the couple, which was located at 62 xianlou lane, in the town of lanyang, but had not performed the transfer procedure. In 2009, when the defendant filed for divorce to prove that he had no illegitimate child, he gave all the property to the plaintiff and forgot the fact that he had been punished.

"Differences"

The case was handled in two separate ways:

The first opinion is that the gift contract is valid and valid, and the defendant shall immediately perform the procedure of the house transfer.

The second opinion is that there is no gift contract relationship between the original and the accused.

"T"

The author agrees with the first opinion, for the following reasons:

The parties shall abide by the principle of good faith in civil activities. The defendant and the third person signed the divorce agreement, agreed to give the plaintiff common property of husband and wife, its true meaning said, between the plaintiff and the defendant and the third person donative contract relationship, established according to law. In this case the defendant in divorce agreement with a third person will be a total of donative building has not grown and married a girl with a raised legal obligation huang, its donation agreement shall be effective, shall be performed in accordance with the agreement. Is the duration of the housing transfer procedures for the implementation of the agreement the plaintiffs year full 18 one full year of life, the term has been to now, the defendant, the third person should according to the plaintiff's request to perform the contract obligation, the name of housing transfer ownership to the plaintiff. The plaintiff's claim should be supported. The defendant argued that the house had been sold to his father, huang, in 2006, but had not submitted sufficient evidence to confirm that his views were not accepted. The defendant argued that there was no gift relationship between the original and the defendant and did not agree with the facts. As a result, the plaintiff requires the defendant to fulfill its obligations of housing transfer immediately appeal, in accordance with the law of the People's Republic of China contract law "article 60, article one hundred and seven, article one hundred and eighty-five, article one hundred and seven, article one hundred and eighty-seven and the supreme people's court about carrying out the < general principles of the civil law of the People's Republic of China > the opinions of the several issues (try out)" the provisions of article 129, shall be supported.