How to resolve a dispute over a house gift contract

A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift. In reality, this problem may be encountered, that is, the donor does not want to continue the contract for some reason, so it is likely to cause legal disputes, so how to deal with the gift contract disputes? 1.

The parties should voluntarily negotiate a settlement in the spirit of "mutual understanding and mutual accommodation". This method of dispute resolution does not require the intervention of any third party, which is conducive to the timely resolution of disputes and the harmony of both parties. Therefore, after a dispute arises, the parties should take "negotiation" as the preferred way to resolve the dispute.

2.Third-person mediation. In the event of a dispute over the contract, the parties may ask the unit or person specified in the terms of the agreement to mediate.

This type of mediation is different from mediation in arbitration proceedings and litigation proceedings, where cases are settled by mediation. 3.Apply to the Arbitration Commission for arbitration.

If the parties to the contract are unwilling to negotiate or mediate, or if the negotiation or mediation fails, they may arbitrate or litigate. 4.Filing a lawsuit with the people's court.

After a dispute arises in a contract, if the parties fail to negotiate or mediate on their own, and there is no arbitration clause in the contract, and no arbitration agreement is reached afterwards, they may file a lawsuit with the people's court. Legal basis: Article 128 of the Contract Law of the People's Republic of China provides that the parties may resolve contract disputes through conciliation or mediation.

If the parties are unwilling to settle or mediate, or if the settlement or mediation fails, they may apply to the arbitration institution for arbitration in accordance with the arbitration agreement. The parties to a foreign-related contract may apply to a Chinese arbitration institution or other arbitration institution for arbitration in accordance with the arbitration agreement. If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may file a lawsuit with the people's court.

The parties shall perform legally effective judgments, arbitral awards, and mediation documents; Where performance is refused, the other party may request the people's court to enforce it.

Contract Law of the People's Republic of China

Article 186: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.

Article 188:Where the donor does not deliver the donated property in a gift contract or notarized gift contract that has the nature of a social public interest or moral obligation such as disaster relief or poverty alleviation, the donee may request delivery.

Article 192: In any of the following circumstances, the donor may revoke the donation:

1) Seriously infringing upon 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 reason for revocation.

Article 193: Where the donor dies or loses the capacity for civil conduct due to the donee's illegal acts, the donor's heirs or legally-designated persons may revoke the donation.

The right of revocation of the heirs of the donor or the legal person shall be exercised within six months from the date on which the reason for revocation is known or should be known.

Article 194:Where the person with the right of revocation revokes the donation, he may request the donee to return the donated property.

Article 195: Where the donor's economic situation has deteriorated significantly, seriously affecting his or her production or business operations or family life, he may no longer perform the obligation to donate.

Legal analysis: First of all, it depends on whether the house gift contract is established. Secondly, it depends on whether there is a right of revocation when the contract is concluded.

Under normal circumstances, the donor may arbitrarily revoke the gift based on his own will before the gift is delivered, and does not need to bear legal responsibility. The statutory right of revocation means that the gift has been actually delivered, and if there is a cause prescribed by law, the donor or his heirs or the person who has made a decision can revoke the gift, and in the event of a dispute, the relevant legal provisions should be correctly applied. The parties may settle the dispute through conciliation or mediation.

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.

Disputes over housing gift contracts shall be subject to the jurisdiction of the court agreed in the contract. Where there is no agreement, jurisdiction may be agreed upon, and the parties may choose on their own. Where there is neither an agreement nor an agreement, the people's court at the place where the defendant is domiciled or where the contract is performed generally has jurisdiction.

The subject matter itself is real estate, which is immovable property, and in accordance with special provisions, the people's court at the place where the immovable property is located has jurisdiction. Article 17 of the "Civil Procedure Law of the People's Republic of China" Basic level people's courts have jurisdiction over first-instance civil cases, except as otherwise provided in this Law. Article 33 of the Civil Procedure Law of the People's Republic of China: The people's courts provided for in this article shall have exclusive jurisdiction over the first of the following cases:

1) The people's court at the place where the immovable property is located has jurisdiction over a lawsuit filed by Wang Hu due to a real estate dispute; (2) Litigation arising from disputes arising from port operations shall be under the jurisdiction of the people's court at the place where the port is located; (3) In the case of several lawsuits arising from inheritance disputes, the people's court at the place where the decedent is domiciled at the time of death or where the main estate is located has jurisdiction.

Disputes over housing Hongwang gift contracts can be resolved through four ways: settlement, negotiation, arbitration, and litigation. The two parties shall settle privately in accordance with the principle of equality and mutual benefit, and if the draft is not resolved, it may be submitted to a third party for negotiation and settlement; If the negotiation fails, it can be submitted to the designated institution for arbitration according to the key content of the house gift contract, and if the arbitration is still not resolved, a lawsuit may be filed with the people's court.

[Legal basis].Article 2 of the Arbitration Law.

Contract disputes and other disputes over property rights and interests between citizens, legal persons, and other organizations that are equal subjects may be arbitrated.

Article 122 of the Civil Procedure Law.

Where a party sues a civil dispute in a people's court and it is appropriate to mediate, mediation is to be conducted first, except where the parties refuse to mediate.