Revocation of the Property Gift between Husband and Wife

Abstract

Generally, the person can give his property to another person. This contract is called a Gift as provided in Section 521 of the Civil and Commercial Code. The donor cannot claim revocation of such property except in case of an act of ingratitude which the donor can claim revocation of a gift as provided in Section 531 of the Civil and Commercial Code. Husband and wife can give their property to each other during the marriage. This contract is a Gift as provided in Section 521 and is also considered as post-nuptial agreement as provided in Section 1469 of the Civil and Commercial Code. For the claim to revoke such property, the Court has previously decided that the husband or wife should claim to avoid post-nuptial agreement as provided in Section 1469, and the Court which has jurisdiction on this case is Juvenile and Family Court. At present, the Court decides that husband or wife can claim revocation of a gift for an act of ingratitude as provided in Section 531, and the Court which has jurisdiction on this case is District Court, Civil Court, or Province Court as the case may be. In my opinion, since a gift of property between husband and wife is considered as post-nuptial agreement, the claim to revoke such property should be carried out by avoiding post-nuptial agreement and the Juvenile and Family Court has jurisdiction on this case following the previous decision of the Court.