Abstract: The current judicial interpretation treats the gift agreement between husband and wife as a property agreement, resulting in a collision between the “affectionate” husband and wife relationship and the “rational” contract norms in judicial practice. The legal nature of a gift agreement between husband and wife should be a family property agreement. It is not part of the marital property agreement, and does not naturally have the nature of a moral obligation. The behavioral outcomes and motivations within the family are intertwined, and the gift agreement between husband and wife should be affected by “motivation”. When the gift agreement between husband and wife is applied by reference, the dynamic system theory should be introduced on the basis of abiding by the principle of good faith, so as to deal with its ethics, achieve family justice and avoid excessive intrusion of property law, that is, on the basis of distinguishing between business and non-business gifts, the “invisible” consideration of the gift, the value and proportion of the property, the duration of the marriage, the gift scene and the symbolic meaning of the property and other factors should be examined. It is suggested that the content of the current judicial interpretation should be revised in terms of emphasizing the judgment of the nature of the gift agreement between husband and wife, implementing the applicable technology for reference, and expanding the scope of application of donated property.