International Journal of Frontiers in Sociology, 2025, 7(5); doi: 10.25236/IJFS.2025.070507.
Wu Zijing
China Jiliang University, Hangzhou, China
In recent years, as marital and familial disputes have increased, the Property Surrender Commitment (PSC) has emerged as a common approach to resolving property division issues in divorce proceedings. However, significant divergences persist in both theoretical discourse and judicial practice regarding its legal validity. The PSC constitutes a legal act possessing both proprietary and identity-based characteristics, de facto representing a specialized bilateral contract incorporating familial status elements. Concerning its enforceability, three primary doctrinal perspectives prevail: the Nullity Doctrine, the Natural Obligation Doctrine, and the Validity Doctrine. This article endorses the Validity Doctrine, maintaining that a PSC should be deemed legally effective in principle, provided it satisfies the general validity requirements for civil juristic acts. Concurrently, due to its inherent connection to personal status, the enforceability of such commitments is subject to limitations imposed by relevant status-based legal principles. Furthermore, compliance with formal requirements necessitates execution in written form to ensure clarity and traceability of the parties’ expressed intent.
Property Surrender Commitment; Legal Transaction; Marital-Family Ethics; Autonomy of the Will
Wu Zijing. Research on the Legal Validity of Property Surrender Commitment. International Journal of Frontiers in Sociology (2025), Vol. 7, Issue 5: 40-45. https://doi.org/10.25236/IJFS.2025.070507.
[1] Yang Daixiong, Theory of Legal Acts, Peking University Press, 2005, p. 76.
[2] Li Yongjun, ‘From the Foundation of the Principle of Freedom of Contract to Its Status in Modern Contract Law’, in Comparative Law Studies, 2002, No. 4, p. 1
[3] Wang Lei. ‘On Acts of Status Friendship’, in Northern Law Journal, No. 4, 2014, pp. 22-23
[4] Han Yubo. ‘natural debt perspective of the effectiveness of the husband and wife loyalty agreement judgement’, in ‘study and exploration’ 2017, no. 6, pp. 101-102.
[5] Wang Zejian, Principles of Debt Law, Peking University Press, 2013 edition, p. 72.
[6] Yao Xing, Long Yifei, ‘The Legal Application of the Civil Code Regarding Property Agreements Between Husband and Wife’, in Legal Application, No. 2, 2021, p. 159.
[7] Zhao Wanwan, Wu Xiaofeng, ‘Freedom of contract and public order and morality’, in Modern Law, No. 3, 2003, pp. 56-57.