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最近几年媒体报道过很多例非法同居过程中,一方将夫妻共同房产或其他共同财产赠与第三者案件,法院针对这种婚内赠与行为的案件的判决结果各不相同,归纳起来主要有三种判决。但同样性质的案件之所以出现不同的判决结果,主要是法律对此没有非常明确的规定。法院对这种和百姓生活息息相关的案件的不同认定结果,必然引起百姓广泛的关注和不停的争论,本文结合司法实践中法院对此类案件的不同判决结果及理由,谈谈个人粗浅的法律意见。
In recent years, many cases of illegal cohabitation have been reported by the media. In one case, one party presented the third house to the couple’s common real estate or other common property. Judges’ decisions on cases of such gifts were different. There are mainly three kinds judgment. However, different decisions of the same nature arise mainly because the law does not have very specific provisions on this. The court’s different cognizance of this kind of case which is closely related to people’s life will inevitably lead to people’s widespread concern and endless controversy. This article combines the different judgments and reasons of the court in such cases in judicial practice to talk about the superficial laws opinion.