2. According to the Supreme People's Court's explanation (2) on several issues concerning the application of the Marriage Law of the People's Republic of China, the provisions on property division in divorce agreements or the agreements reached by the parties on property division due to divorce are legally binding on both men and women. Therefore, the part of the divorce agreement reached between men and women that contains the content of real estate donation cannot be revoked at will, otherwise it will violate the principle of good faith; In the divorce agreement, both men and women agreed to transfer the property to the child's name after paying off the remaining loan of the property, which is a purposeful gift behavior motivated by the dissolution of the identity relationship between the two parties. In view of the fact that the divorce agreement is mainly designed for the purpose of dissolving the marriage relationship between the two parties, this purposeful gift between the parties in a specific identity relationship has the nature of moral obligation and is also a promise agreement. In the case that the marriage relationship between men and women is actually dissolved due to the divorce agreement, the purpose of giving property has been realized, so the act of giving property cannot be revoked at will according to law. In essence, the divorce agreement between men and women for the part given to children is still a kind of punishment for the same property by men and women, and it is still a category of property division. When concluding the property division agreement, the plaintiff recognized that it was voluntary at that time and there was no fraud or coercion, so the agreement cannot be revoked. The property is the personal property of the ex-wife's children, so the current wife and children have no right to inherit the property.
3. Article 3 of the Inheritance Law
Legacy is the personal legal property left by a citizen when he dies, including: (1) the income of a citizen; (2) Houses, savings and daily necessities of citizens; (3) citizens' trees, livestock and poultry; (4) Cultural relics, books and materials of citizens; (five) the means of production that the law allows citizens to own; (6) citizens' property rights in copyright and patent rights; (7) Other lawful properties of citizens.
article 41 of the marriage law: at the time of divorce, the debts originally incurred by the husband and wife living together shall be repaid together. * * * If the same property is not paid off, or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.
Article 8 of Judicial Interpretation II of Marriage Law is legally binding on both men and women. The people's court shall accept the lawsuit brought by the parties for disputes arising from the performance of the above-mentioned property division agreement.