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对于夫妻一方将共同财产赠与婚外同居者所引发的纠纷,实务中往往会出现不同判决结果,学术界对此也有不同的观点。为了维护法律的统一性与权威性,我们应尽快完善相关法律法规,使此类纠纷的判决有法可依,使法官判案时有据可循。对此,本文从赠与行为的效力、诉讼主体的认定、赠与物的处分三个方面来探讨对该类案件应如何处理。
For the disputes arising from the granting of common property to extra-marital inmates by one spouse, there are often different verdicts in the practice, and academics also have different views on this. In order to safeguard the unity and authority of the law, we should improve the relevant laws and regulations as soon as possible so that the judgments of such disputes are law-based and the judgments of the judges are based on time and again. In this regard, this article explores how to deal with such cases from three aspects: the effectiveness of gift act, the cognizance of litigant body and the punishment of gift thing.