论离婚协议中不动产赠与的撤销

夫妻双方在离婚协议中约定将其共有的不动产赠与未成年子女，但如果离婚后一方当事人反悔，则该赠与行为能否被撤销，受赠人是否有权要求赠与人继续履行赠与协议？由于合同法与婚姻法对于该问题规定不一致，导致审判实务中出现判决不一的情况，不仅影响司法的权威性，也使得该问题变得愈加迷惑。文章在充分论述离婚协议中不动产赠与行为的性质的基础上，认定在当前法律规定下，反悔一方虽可以行使撤销权但是应承担相应的违约责任。

On the Withdrawal of Real Estate Gifting in Divorce Agreement

In a divorce agreement, after the parents promised gifting their common property to the minor children,if one of them refuses to fulfill his/her commitment,could the gifting be withdrawn？ Since the present Contract Law and Marriage Law provide different solutions to this problem, the trial practice turns to be different in judgment, which not only affects the authority of justice, but also makes the problem more confusing. By discussing the features of real estate gifting in divorce agreement, the paper believes that the party who has regretted could withdraw the gifting, but he/she must take the responsibility of breach of contract.