Under what circumstances a conditional gift can be revoked

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.

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Contract Law

Article 192:In any of the following circumstances, the donor may revoke the gift:(1) Seriously infringing on 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.

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.

Conditional gifts are revocable. After the transfer of the donated property rights, the gift can be revoked only if three statutory circumstances are satisfied, such as serious infringement of the donor or the donor's close relatives, failure to perform the obligation to support the donor, and failure to perform the obligations stipulated in the gift contract.

1. Whether the gift clause in the divorce agreement can be revoked.

The clause on gift in the divorce agreement may be revoked, but it must be discovered within one year after the divorce that the other party has concealed, transferred, sold, damaged, squandered and other acts that infringe on the joint property of the husband and wife before the divorce, and the injured party may request the court to revoke it. Other than that, the gift clause cannot be revoked.

Article 1076 of the Civil Code.

Where the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1092 of the Civil Code.

Where one of the spouses conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, the other party may receive a small or no share of the joint property of the husband and wife when the divorce divides the joint property of the husband and wife. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the husband and wife be divided again.

2. How do parents take back the donated property?

If the donated real estate has not been transferred or the gift has not been notarized, the donor may revoke the gift.

If the property right of the donated house has been transferred, the donee can also revoke the gift if the donee has 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.

Legal basis] Article 658 of the Civil Code provides that 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 notarized gift contracts or gift contracts that have the nature of public interest or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled, which must not be revoked in accordance with law.