Can a gift be revoked? Can a gift be revoked?

In life, gift is also a common form of property disposal, and with the enhancement of people's awareness of risk prevention, there are more and more cases of notarization of gift contracts. So, after the gift contract is notarized, can the gift still be revoked? According to the law, a notarized gift contract cannot be revoked casually, that is:

Once the gift contract is notarized, it cannot be revoked at will. However, this cannot be revoked at will, but it is only said that the donor has no right to revoke the gift after notarization. However, in addition to this, the law also provides for the statutory revocation of gift contracts.

That is to say, after the gift contract takes effect or is performed, when there are statutory reasons, even if it is a notarized gift, the donor can request the court to revoke it. The statutory reasons here specifically include the following three points: (1) seriously infringing on the donor or the donor's close relatives; (2) Failing to perform the obligation to support the donor; (3) Failure to perform the obligations agreed upon in the gift contract.

Legal basis: Article 192 of the Contract Law of the People's Republic of China provides that if the donee has 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.

According to the 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 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.

Analysis and Explanation] 1. Before the transfer of ownership of the donated property, under normal circumstances, the donor can revoke the gift, but the gift with the nature of social welfare and moral obligations such as disaster relief and poverty alleviation and the gift that has been notarized cannot be revoked;

2. After the transfer of ownership of the donated property, the gift cannot be revoked under normal circumstances, but when the donee has the circumstances specified in Article 192 of the Contract Law, the gift may be revoked and the donated property may be returned.

Party A: Party B:

After reaching a consensus through consultation, Party A and Party B hereby reach an agreement on the revocation of the gift as follows:

On October 25, 2006, Party A purchased the 1-6-2 square meter residence of No. 4, Building 4, a certain street, a certain district, a certain district, Dalian City, in the name of Party B, and a residential house of No. 4, a district in Dalian City, with a down payment of 315,840 yuan, and a mortgage loan from the bank, and two installments of the loan have been repaid to the bank, both of which are Party A's expenses.

After going through the procedures for purchasing the house, Party A will donate the property to Party B on the condition that Party B is responsible for the company established by Party A, and the condition that Party B has not fully performed its duties as a condition for revoking the gift. Although the two parties have not signed a gift agreement or notarized the gift, the two parties have confirmed the agreement that Party A can revoke the gift with conditions.

Because the conditional gift agreement promised by Party A can be revoked in the process of performing the agreement, the conditional gift has been fulfilled, and after the agreement of both parties, it is decided that Party A will revoke the gift of the above-mentioned real estate to Party B, and this revocation agreement shall take effect when signed by both parties, and the property rights of the above-mentioned real estate shall belong to Party A, and the validity period of the ownership of the real estate shall be effective from the time of purchase. Since Party B does not have any investment in the property, Party A withdraws the property rights and Party B unconditionally agrees.

Since all the house purchase procedures and related documents are kept by Party A from the date of purchase, Party A has the right to continue to repay the bank loan in the name of Party B, and after the loan is repaid, the property right registration shall be handled in the name of Party B, and the right to ** real estate in the name of Party B. Party B shall unconditionally provide identity documents and cooperate with Party A to engage in the above-mentioned property rights disposal.

Party B shall issue a power of attorney to Party A, authorizing Party A to repay the bank loan, handle the property right registration and ** real estate. At the same time, Party A shall provide Party B with the original ID card, and Party A shall return Party B's ID card after the property right registration and property right ** are completed.

This Agreement shall be executed in triplicate, one for each Party A and Party B, and one for the witnessing lawyer.

Party A: Party B: Year, Month and Day.

China's "Property Law" adopts the registration doctrine for the entry into force of real estate rights, that is, if the sold house has been registered with the owner, there is no possibility of recovery.

Moreover, the son disposed of all his legal property without breaking the law, and as for the place where he lived regardless of the father and son for the sake of money, it can only be morally condemned.

You can go to the court to sue for rights protection, the procedure is professional, and if you need help, you can call directly.

A gift can be revoked, can a gift be revoked?

Hope it can help you.

Contract law stipulates that yes, but a notarized or charitable gift is irrevocable.

Article 186 mainly refers to the fact that no matter whether the property is transferred or not, as long as it is a gift contract with the nature of social welfare and moral obligations such as disaster relief and poverty alleviation, or a notarized gift contract, the gift cannot be revoked. Article 192 means that no matter what the gift contract is, as long as the donee has the above three circumstances, it can be revoked. However, it must be exercised within a one-year exclusion period.

Therefore, there is no conflict between Article 186 and Article 192. Can be undone.

Zongheng Legal Network.

Lawyer Xue Chengdong.

If it is an unconditional gift, the father will not return to the house.

Whether the "property gift" in the divorce agreement can be revoked should be analyzed on a case-by-case basis to see whether the specific act is an incidental act or a simple gift in the vast majority of cases. The typical ancillary acts have the following circumstances: 1. The at-fault party who leads to the breakdown of the relationship and divorce gives the other party a gift with the nature of compensation or compensation; 2. A compensatory gift paid by one party during the existence of the marriage relationship in raising children, taking care of the elderly, assisting the other party in work, etc., and the other party is given as a result; 3. In the divorce agreement, one party raises minor children or fulfills the main maintenance obligation, and the other party gives a gift with the nature of the maintenance obligation; 4. A compensatory gift given to the other party by the personal property as a result of the division of the majority of the property and property; 5. Gifts in the nature of fulfilling the obligation to help in accordance with Article 42 of the Marriage Law; 6. A gift with a compensatory nature in exchange for the other party's consent to divorce by agreement.

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

Whether the "property gift" in the divorce agreement can be revoked should be analyzed on a case-by-case basis to see whether the specific act is an incidental act or a simple gift in the vast majority of cases, and the parties should be allowed to exercise the right of revocation for a simple gift unless it has been confirmed by a notarization or a judgment of the people's court. The typical ancillary acts have the following circumstances: 1. The at-fault party who leads to the breakdown of the relationship and divorce gives the other party a gift with the nature of compensation or compensation; 2. A compensatory gift paid by one party during the existence of the marriage relationship in raising children, taking care of the elderly, assisting the other party in work, etc., and the other party is given as a result; 3. In the divorce agreement, one party raises minor children or fulfills the main maintenance obligation, and the other party gives a gift with the nature of the maintenance obligation; 4. A compensatory gift to the other party for the majority of the property divided in the division of common property, and thus to the other party for personal property; 5. Gifts in the nature of fulfilling the obligation to help in accordance with Article 42 of the Marriage Law; 6. A gift with a compensatory nature in exchange for the other party's consent to divorce by agreement.

Divorce is not a circumstance for the revocation of the gift contract, and there are two kinds of revocation of the gift contract: arbitrary revocation and statutory revocation, if the gift contract is not notarized or is not a public interest gift, the donor can arbitrarily revoke the gift contract before the transfer of property ownership.

Civil Code of the People's Republic of China

Article 658: [Donor's Right of Arbitrary Revocation and Its Limitations] 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 663: [The Donor's Statutory Right of Revocation and the Period for Exercising It] The donor may revoke the gift if the donee falls 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.

How to notarize the gift of property

1. The notarization of the gift shall be accepted by the notary office of the donor's domicile or the place where the gift occurs. The gift of immovable property may also be accepted by the notary office where the immovable property is located.

2. The applicant for gift notarization shall submit the following documents and materials: the identity document of the donor (copy of resident ID card, household registration booklet, passport, and pass); gift agreements; List of gifts and proof of ownership, such as real estate certificates, certificates of deposit, etc.; If the donated property is common property, a written opinion of the co-owners agreeing to donate the property to others shall be provided; If the donated property is owned by the collective, a written opinion from the members of the collective organization agreeing to the gift shall be submitted; If the gift is owned by the whole people, the state-owned asset management department shall submit a document approving the gift.

1. The divorce agreement stipulates that the jointly owned real estate shall be owned by the children, which is an act of gift for the purpose of dissolving the identity relationship between the parties. In view of the fact that the divorce agreement is mainly set for the purpose of dissolving the marriage relationship between the parties, this kind of purposeful gift between the parties to a specific status relationship does not violate the provisions of the law, has a certain moral obligation, and is also a promise agreement. In the case that the marital relationship between the two parties has in fact been dissolved due to the divorce agreement, and other contents of the divorce agreement have been performed, it shall be deemed that the purpose of the donation of property has been achieved, so the act of donating real estate cannot be revoked at will in accordance with law.

2. 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 preceding paragraph does not apply to gifts or notarized gift contracts that have the nature of social public welfare or moral obligations such as disaster relief and poverty alleviation." The purpose of the divorce agreement to donate real estate to children is to give certain compensation materially, to provide children with a good living environment, to be conducive to the healthy growth of minors, and to reduce the harm caused by divorce to children to a certain extent.

In addition, the gift of joint property between husband and wife to children is different from the gift between ordinary civil subjects, and this kind of gift also reflects the "gratuitous" nature of the gift on the surface, but in fact it is often closely linked to the parents' obligation to support the child and other ancillary obligations.

Divorce agreements carry moral obligations and personal attributes and cannot be rescinded.

The right to revoke a gift can be revoked within one year.

Since the right of revocation is expressed according to the intention of the donor, if there are no certain conditions, the gift contract lacks due binding force and is unfair to the donee. Therefore, the civil laws of various countries mostly set certain restrictions on the arbitrary revocation of gift contracts. It can be said that such revocation, although it may be called arbitrary, is not entirely complete.

The basis for exercising the right of arbitrary rescission is Article 186 of the Contract Law, while the basis for exercising the statutory right of revocation is Article 192, Paragraph 1 of the Contract Law. If the donor exercises the right of revocation in respect of the donated property, the provisions of Article 9 of the Property Law shall also apply.

The consequence of exercising the right of arbitrary revocation is that the effective gift contract will cease to be effective (but the performance will be partially valid), the rights and obligations of both parties to the contract will be dissolved, the ownership of the gift will remain unchanged, and the donee's right to perform will be extinguished.

Article 192 of the Contract Law of the People's Republic of China provides that the donee may revoke the gift if the donee falls under any of the following circumstances: (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. 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.

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.