-
Anonymous users2024-02-06A gift due to death refers to a gift contract that becomes effective due to the death of the donor, which is a special gift and is often compared with a bequest.
A cause of death gift contract is when the donor gives his property to the donee free of charge. A gift contract that the donee accepts voluntarily and takes effect at the time of the donor's death. As a well-known contract in contract law, gift contracts are widely used in economic life and play a huge functional role.
Cause of death gift contract is a special type of gift contract. It's still a novelty, but with its unique functional role. It is gradually being accepted and used.
Bequest refers to the act of a citizen donating part or all of his estate to an individual or social organization other than the legal heir by way of a will, and it takes legal effect when the testator dies.
The difference between the two is:
1) A bequest is a unilateral legal act made by the testacy; A gift is a civil legal act between the donor and the donee.
2) A bequest is a civil juristic act that takes effect after the death of the testator; Gift is a civil legal act that takes effect during the lifetime of the donor and the donee.
-
Anonymous users2024-02-05There are two situations of cause of death gift: (1) The donor foresees that he will die for some reason in the future (such as going to war), so he enters into a posthumous property gift contract with the donee. (2) The donor is forced to die soon due to the present danger (such as committing a felony and imminent death), and agrees with the donee to donate the property to the donee after death.
A gift of death must be made after the actual death of the donor before it can be definitively valid. If the donor does not die after a certain event (e.g., he dies in battle, or is not executed in the event of amnesty), the gift is not valid. If the donee dies before the donor, the gift is also invalid.
Bequest refers to a civil legal act in which a natural person donates part or all of his estate to a natural person other than the state, society or legal heirs by way of a will. The testator is the legatee, and the person who accepts the increase is called the recipient of the increase. A bequest is a unilateral and gratuitous civil legal act that takes effect only after the death of the testator.
The subject matter of the bequest is only the property right, and the testator may not transfer the debt to the donee.
-
Anonymous users2024-02-04There is no notion of a cause of death gift, and the suggestion is clear! But the difference between a legal succession and a will is clear.
-
Anonymous users2024-02-03If it is given during his lifetime, it is not considered a bequest after death. Gifts and bequests during life are two different matters, and gifts during life are gifts made by the donor to others through a gift contract, and the gift in this case shall be handled in accordance with the gift contract prescribed by law; A bequest is a testament in which the testator gives his personal estate to others by way of a will, and the gift in this case shall be handled in accordance with the law corresponding to inheritance.
Labor Contract Law of the People's Republic of China
Article 657.
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. 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 knew or should have known the reasons for revocation. Article 1133.
Natural persons may make a will to dispose of personal property in accordance with the provisions of this Law, and may appoint executors.
A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs.
A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs.
A natural person may establish a testamentary trust in accordance with the law.
-
Anonymous users2024-02-02It is the true will of the old man, and the bequest of the rotten reed is valid. Bequest is a legal system in which the testator bequeaths part or all of his personal property to a person other than the state, the collective, or the legal heirs after death by way of a will. It is a way for the testator to dispose of his estate by will.
Article 1123 of the Civil Code of the People's Republic of China After the commencement of succession, it shall be handled in accordance with statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is an agreement on the support of the widow, it shall be handled in accordance with the agreement. Article 1143 of the Civil Code of the People's Republic of China: A will made by a person who lacks or has limited capacity for civil conduct is invalid. The will must express the true intention of the testator, and the will made by fraud or coercion is invalid.
A forged will is invalid. If the will is tampered with, the tampered content is invalid.
-
Anonymous users2024-02-01Legal analysis: bequests and living gifts are both acts of transferring property without compensation, and the two have similarities, but the differences between the two are also very obvious. The main surface rock annihilation is now in the following aspects:
1. The nature of the legal acts of the two is different. A bequest is a unilateral legal act. The legatee does not need to seek the consent of the legatee when making the will to make a bequest in his will.
This will becomes legally effective upon the death of the legatee and is not affected by whether the legatee accepts the bequest or not. A living gift, on the other hand, is a legal act between the two parties and is a contractual relationship. On the one hand, it is an expression of the donor's intention to give his property to the donee free of charge, and on the other hand, there must be an expression of the donee's intention to accept the gift.
2. The time at which the two take legal effect is different. A bequest can only be legally effective after the death of the legatee, whereas a living gift can only be legally effective during the donor's lifetime.
3. The conditions for the entry into force of the two are not identical. A bequest can take effect as long as there is a true expression of intent by the testator and other conditions meet the provisions of the law. In addition to this, the gift must also be conditional on the delivery of the gift, otherwise it cannot take effect.
Fourth, the two are different in their ways. The bequest must be made in the form of a will, subject to the statutory requirements for making a will. On the other hand, there is no strict way to give a gift during life, and it can be written or oral.
5. The obligations of the receiving party are different. Bequests can be conditioned under certain conditions, whereas living gifts do not come with any obligations.
Legal basis: Civil Code of the People's Republic of China
Article 657: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.
Article 658: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.
Article 600 If the donated property needs to go through registration or other formalities in accordance with law, the relevant formalities shall be completed.
Article 660:Where the donor does not deliver the donated property in a notarized gift contract or a gift contract that must not be revoked in accordance with law and has the nature of public interest or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled, the donee may request delivery.
Where the donated property that shall be delivered in accordance with the provisions of the preceding paragraph is damaged or lost due to the donor's intentional or gross negligence, the donor shall be liable for compensation.
Article 661: Gifts may be accompanied by obligations, and where a gift is accompanied by obligations, the donee shall perform the obligations in accordance with the agreement.
Where the gift is accompanied by obligations, the donee shall perform the obligations in accordance with the agreement.
Communication skills: There is also warmth in speaking.
Urgently, slowly; Big things, to be clear; Little things, humorously said; If you are not sure, say it with caution; Don't talk nonsense about what didn't happen; If you can't do it, don't talk nonsense; You can't say anything that hurts people; Nasty things, not to people; Happy things, depending on the occasion; Don't say sad things when you see people; Someone else's business, be careful to say; Listen to what your heart has to say; Now I will talk about what I have done; The future will be talked about in the future; Be careful and "say good things", think before you say them, and don't blurt them out recklessly. No matter how urgent the matter is, it is necessary to clearly let everyone know the problem and the ins and outs, but often the more urgent it is, the more unclear it is, and it delays time. Moreover, if you persist in doing so, it will be commendable and you can do great things. >>>More
I think the cause of your SS's death is probably:
Reason 1: What you buy is a sick mouse, it is normal to die, it is the unscrupulous business, it is not your fault, don't feel guilty. >>>More
Kennedy, who had been in office for three years in November 1963, distinguished himself in both domestic and foreign affairs. He not only successfully dealt with the problems that had been plaguing the United States since the beginning of his presidency"Cuban Missile Crisis"、"Berlin crisis"He eased the tense and confrontational relations between the United States and the Soviet Union, and his policy of moderate support to the people won the support of the people, and thus won the love and support of more and more Americans. Faced with a new term in 1964, Kennedy planned his trip to Dallas in order to help his Democratic Party run campaign to raise funds and prepare for re-election. >>>More
Depending on the recipient of the gift, the relevant materials and procedures required for the gift will be different. For example, children, bequests, and gifts to others. What is it exactly? >>>More
Of course, the gift represents a gratuitous opportunity, as long as the other party does not refuse, then of course you can send it at will. As long as it is irresponsible and other conditions, then the giving and voluntary acceptance of such resources, which is completely wrong, is very free or equal.