Regarding the conditions for the revocation of the gift, the conditions for the revocation of the gi

The donor's right to revoke at will is not unlimited, and in order to maintain the seriousness of the contract, the law provides that the donor's revocation of the gift is also conditional and relative. The donor's revocation of the gift shall be subject to the following restrictions: 1. The donor must revoke the gift before the transfer of the right to the donated property.

If the right to donate property has been transferred, the donor may not revoke the gift. If part of the right to the donated property has been transferred, the donor can only revoke the part that has not been transferred, and the part that has been transferred cannot be revoked. In the case of movable property, the donor may revoke the gift before the gift is delivered.

In the case of immovable property, the donor may revoke the gift before the transfer of rights is registered. 2. The gift revoked by the donor must not be a gift with the nature of social welfare or moral obligation such as disaster relief and poverty alleviation. Because gifts of the nature of social welfare, such as disaster relief and poverty alleviation, give gifts of important social significance, if the donor can revoke such gifts at will, it is contrary to social order and good customs.

In accordance with the provisions of the Public Welfare Donation Law, the content of "social welfare" includes the following matters: (1) activities to help social groups and individuals in need, such as disaster relief, poverty relief, and assistance to the disabled. (2) Education, science, culture, health, and sports.

3) Environmental protection and construction of social public facilities. (4) Other social and public welfare undertakings that promote social development and progress. GiftsRevocation of gifts is limited to gift contracts that have not been notarized.

Legal basis: Article 186 of the Contract Law of the People's Republic of China The donor may revoke the gift before the transfer of the right to the donated property. The provisions of the preceding paragraph do not apply to gift contracts that are in the nature of social public interest or moral obligations such as disaster relief and poverty alleviation, or gift contracts that have been notarized.

According to Article 192 of the Contract Law, the donor may revoke the gift in the following circumstances:

1) The donee seriously infringes upon the donor or the donor's close relatives.

2) The donee has an obligation to support the donor and fails to perform it. The donee must perform the maintenance obligation, whether it is a statutory obligation or a contractual obligation, and its failure to perform it constitutes a cause for revocation of the gift. If the donee is incapacitated, his failure to perform the obligation of support does not constitute a cause for revocation of the gift.

3) The donee does not perform the obligations agreed in the gift contract. In a gift with obligations, the donee shall perform the obligations in accordance with the agreement, otherwise the donor has the right to revoke the gift.

In addition, the heirs or guardians of the donor also have the right to revoke the gift. Article 193 of the Contract Law stipulates that if the donor's illegal act causes the donor's death or loss of civil capacity, the donor's heirs or guardians may revoke the donation.

Legal analysis: The conditions for revoking the gift are: 1. The donee seriously infringes on the legitimate rights and interests of the donor; 2. The donee seriously infringes upon the legitimate rights and interests of the donor's close relatives; 3. The donee does not perform the obligation to support the donor; 4. The donee does not perform the obligations stipulated in the gift contract.

According to Article 663 of the Civil Code implemented in 2021, the donor may revoke the gift if the donee has any of the following circumstances: (1) seriously infringing on the lawful rights and interests of the donor or the donor's close relatives; (2) Failure to perform the obligation to support the donor; (3) Failure to perform the obligations agreed upon in the gift contract. The donor's right of revocation shall be exercised within one year from the date on which the donor knew or should have known the reasons for revocation.

Legal basis: Article 663 of the Civil Code: Article 663 The donee may revoke the gift under any of the following circumstances:

1) Seriously infringing upon the lawful rights and interests of the donor or the donor's close relatives; (2) Failure to perform the obligation to support the donor; (3) Failure to perform the obligations agreed upon in the gift contract. The donor's right of revocation shall be exercised within one year from the date on which the donor knew or should have known the reasons for revocation.

Legal Analysis: Conditions for Revoking a Gift Contract: 1. It must be before the transfer of rights to the donated property; 2. The gift contract is not notarized; 3. The gift contract is not a gift contract with the nature of social welfare and moral obligations such as disaster relief and poverty alleviation.

If the above conditions are met, it can be revoked in accordance with the law.

The provisions of the preceding paragraph do not apply to gift contracts that have been notarized and uncovered, or gift contracts that have the nature of public interest or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled, that must not be revoked in accordance with law.