[2] Compiled from: Shandong High Court
 
Case review
In the case of the dispute over a private loan between the enforcement applicant Li Mourong and the enforcement target Nie Moujun, after trial, it entered the enforcement process. During enforcement, it was discovered that the enforcement target owned a property registered under his name. The court legally seized and appraised the property. Later, the enforcement target's former spouse, Wang Mouli, raised an enforcement objection, claiming the property had been gifted to their son Nie Moumou during their divorce agreement, and argued that enforcement should be excluded. The court rejected Nie Moumou's objection, and Nie Moumou subsequently filed a lawsuit, which was dismissed. Nie Moumou appealed, and the Zibo Intermediate People's Court upheld the decision.

 

 
Relevant Legal Provisions
Article of the Property Law of the People's Republic of China9条
The creation, alteration, transfer, and extinguishment of real property rights take effect upon registration in accordance with the law; without registration, they do not take effect, unless otherwise provided by law. Natural resources that are owned by the state according to law may not require registration for ownership.
 
Article 128 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law (Trial Implementation)
The establishment of a gift relationship between citizens is based on the delivery of the gifted item. For a gifted house, if the transfer procedures have been completed according to a written gift contract, the gift relationship shall be deemed established; if the transfer procedures have not been completed, but the donor has delivered the title certificate to the donee according to the written gift contract, and the donee has taken possession and used the house according to the gift contract, the gift may be deemed valid, but the donee shall be required to complete the transfer procedures.
 
 
[1] Court Opinion
The focus of the dispute in this case is whether the property involved enjoys legal rights sufficient to exclude enforcement. In this case, the agreement in the divorce settlement between the defendant Nie Moujun and the third party Wang Mouli, regarding the gift of the property and garage to their son Nie Moumou, has not been actually performed, and the property remains registered under the name of the defendant Nie Moujun. According to Article 9 of the Property Law of the People's Republic of China, the court does not support the plaintiff's claim to stop the enforcement of the property and garage.
 
After appeal, the Zibo Intermediate People's Court held that the property is currently registered under Nie Moujun's name. Although the divorce settlement between Nie Moujun and Wang Mouli stipulated that "when Nie Moumou reaches the age of 18, Nie Moujun will transfer the property to Nie Moumou's name," it also stipulated that "if Nie Moujun sells the property before Nie Moumou reaches 18, Wang Mouli has the right to know, and Nie Moujun must deposit the proceeds from the sale into Nie Moumou's account," etc. That is, Nie Moumou currently does not have civil rights sufficient to exclude court enforcement over the property, and his claim to stop the enforcement of the property and garage lacks sufficient evidence, so the court does not support it.

 

 
[1] The author's perspective
Based on the above laws and regulations, the establishment of a gift relationship must be based on the delivery of the gifted item, and for a house, the transfer procedures must be completed; otherwise, the gift relationship is not established. In this case, Nie Moujun and Wang Mouli only expressed their intention to gift the property in the "Divorce Agreement." Although the agreement set a benefit for Nie Moumou, whether that benefit is realized depends on whether Nie Moujun actually performs the obligation to transfer the property's ownership. After the "Divorce Agreement" was made, before Nie Moujun transferred the property to Nie Moumou, the gift relationship was not established, and Nie Moumou does not have ownership of the property, which is insufficient to exclude enforcement.
 
Furthermore, the "Divorce Agreement" is an arrangement between Nie Moujun and Wang Mouli regarding the handling of marital property, not a written gift contract between Nie Moujun and his son, and cannot be deemed a valid gift under the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law (Trial Implementation). In summary, the ownership of the property has not been transferred, and Nie Moumou does not have civil rights sufficient to exclude enforcement.