Under what circumstances can the donor revoke the gift?

Updated on society 2024-03-21
6 answers
  1. Anonymous users2024-02-07

    First, the arbitrary revocation of the gift contract.

    However, in gift contracts with the nature of social welfare and moral obligations such as disaster relief and poverty alleviation, and notarized gift contracts, the donor shall not arbitrarily revoke the gift contract.

    Second, the statutory revocation of the gift contract.

    The donor still has the statutory right to revoke the gift contract if the following conditions are met:

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

    2. The donee has an obligation to support the donor but fails to perform it;

    3. The donee does not perform the obligations stipulated in the gift contract.

    Third, the statutory termination of the gift contract.

    Where the donor's economic situation has deteriorated significantly, seriously affecting his production and business operations or family life, the gift contract may be terminated and the gift obligation may no longer be performed.

    Legal basis] Article 186 of the Contract Law stipulates 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 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 192 of the Contract Law stipulates that the donee may revoke the gift if the donee falls under any of the following circumstances:

    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 195 of the Contract Law stipulates that if the donor's economic situation deteriorates significantly, seriously affecting his production and business or family life, he may no longer perform the gift obligation.

  2. Anonymous users2024-02-06

    What happens when the donor can revoke the gift of the house?

  3. Anonymous users2024-02-05

    Legal analysis: The donor can revoke the gift under the following circumstances: Zhongli Peng.

    1. The donated property has not been transferred, and the gift has not been notarized or is not sold for public welfare;

    2. The donee has an obligation to support the donor and fails to perform it;

    3. The donee does not perform the obligations stipulated in the gift contract;

    4. Other circumstances of disturbance as prescribed by law.

    Legal basis: Article 663 of the Civil Code of the People's Republic of China If the donee has any of the following circumstances, the donor may revoke the gift:

    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.

  4. Anonymous users2024-02-04

    1. The donated property has not been transferred, and the gift has not been notarized or has not been of a public interest nature;

    2. The donee has an obligation to support the donor and fails to perform it;

    3. The donee does not perform the obligations stipulated in the gift contract;

    4. Other circumstances stipulated by law.

    [Legal basis].Article 663 of the Civil Code of the People's Republic of China.

    If the donee has any of the following circumstances, the donor may revoke the gift:

    1) Seriously infringing upon the lawful rights and interests of the donor or the donor obstructing 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 knows or shall know the reason for revocation.

  5. Anonymous users2024-02-03

    Legal Analysis: The donor may revoke the gift under the following circumstances:

    1. The donated property has not been transferred, and the gift has not been notarized or is not of a public interest nature;

    2. The donee has an obligation to support the donor and fails to perform it;

    3. The donee does not perform the obligations stipulated in the gift contract;

    4. Other circumstances stipulated by law.

    Legal basis: Article 663 of the Civil Code of the People's Republic of China If the donee has any of the following circumstances, the donor may revoke the gift:

    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 reason for the revocation.

  6. Anonymous users2024-02-02

    The circumstances under which the donor may exercise the right of revocation are: the gift contract is not a notarized contract or a contract with the nature of public interest or moral obligation, and the right to donate the property has not been transferred; or the donee does not perform the obligations agreed in the gift contract; The donee seriously infringes upon the lawful rights and interests of the donor.

    [Legal basis].Article 658 of the Civil Code.

    The donor may revoke the gift before the transfer of rights 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.

    Article 663.

    If the donee has any of the following circumstances, the donor may revoke the gift:

    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 knows or should know the reason for revocation.

    Article 664.

    If the donor dies or loses the capacity for civil conduct due to the donee's illegal acts, the donor's heirs or legal ** person may revoke the gift.

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