Case Concerning Procuratorial Protest over Gift Contract Dispute of Feng X Hui vs. Li X
(SPP Guiding Case No. 225)
Key words
Supervision of final civil judgments; Marital joint property; Violation of public order and good morals; Invalid gift; Return of full property
Summary
During the existence of a marital relationship, if one spouse violates the duty of fidelity and, as a result of an extramarital affair, unilaterally gifts marital joint property to a third party outside the marriage, such a gift violates public order and good morals and shall be deemed invalid under the law. The innocent spouse has the right to claim restitution of the entire gifted property from the recipient. In cases where the innocent spouse initiates a lawsuit against the third party for the return of the property, and neither spouse has raised a claim for the division of joint property, if the people's courts directly divide the marital joint property and order the recipient to return only part of the gifted property, this constitutes an error in the application of the law. The people's procuratorates shall exercise supervision in accordance with the law.
Relevant provisions
Articles 8, 153, and 157 of the General Provisions of the Civil Law of the People's Republic of China (now Articles 8, 153, and 157 of the Civil Code of the People's Republic of China)
Articles 17 and 19 of the Marriage Law of the People's Republic of China (now Articles 1062 and 1065 of the Civil Code of the People's Republic of China)
Article 17 of the Interpretation I of the Supreme People's Court on Several Issues in the Application of the Marriage Law of the People's Republic of China
Articles 207 and 215 of the Civil Procedure Law of the People's Republic of China (Rev. 2021) (now Articles 211and 219 in the Rev. 2023)
Article 90 of the Rules for the Supervision of Civil Proceedings by the People's Procuratorates
