If the gift is given to a minor child, is it okay for both parties A and B to sign the 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.

To donate property to minor children, when signing the gift contract, if the donated minor is a person with limited civil capacity and can sign, the minor should sign by himself, and the donor's parents can sign in the legal ** column of the donee after the donor's signature.

Here are the legal requirements.

Contract Law of the People's Republic of China

Article 47: Contracts concluded by persons with limited capacity for civil conduct are valid after being retroactively recognized by the legally-prescribed ** person, but contracts for pure benefits or contracts concluded in accordance with their age, intelligence, or mental health do not need to be retroactively recognized by the legally-prescribed ** person.

The counterpart may urge the statutory ** person to make a retrospective recognition within one month. If the statutory ** person does not make an expression, it shall be deemed to be a refusal to recognize. Before the contract is recognized, the bona fide counterparty has the right to revoke it. The revocation shall be made by way of notification.

Article 185: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.

Yes, if Party A is the parent of a minor, then the main position in the contract is the donor; In the contract, the parents of Party B's minor sign as the representative of the party receiving the gift contract. In the relevant provisions of the Contract Law and the General Principles of the Civil Law, there is no requirement that the minor must sign the gift contract, and according to the law, the guardian of the minor has the right and obligation to receive the gift on behalf of the minor, and shall not refuse the gift of pure benefit.

If the property is donated to a minor child, the gift contract is valid. However, if the minor child is a person who has no capacity for civil conduct, it is necessary for the legal person to sign a gift contract, because the law stipulates that a person without civil capacity cannot independently carry out civil legal acts.

If the property is donated to a minor child, the gift contract is valid. However, if the minor child is a person with no capacity for civil conduct, it is necessary for his guardian or legal person to sign a gift contract, because the law stipulates that a person without capacity for civil conduct cannot independently carry out civil legal acts.

Is the gift contract for the gift of real estate to a minor child valid?

1. The gift contract for the gift of real estate to minor children is valid. 2. However, if the minor child is a person with no capacity for civil conduct, it is necessary for his guardian or legal person to sign a gift contract, because the law stipulates that a person without civil capacity cannot independently carry out civil legal acts.

Is the gift contract valid for gifting real estate to minor children?

1. The gift contract for the gift of real estate to minor children is valid. 2. However, if the minor child is a person with no capacity for civil conduct, it is necessary for his guardian or legal person to sign a gift contract, because the law stipulates that a person without civil capacity cannot independently carry out civil legal acts.

Is the contract for the gift of real estate to a minor child valid?

1. The gift contract for the gift of real estate to minor children is valid. 2. However, if the minor child is a person with no capacity for civil conduct, it is necessary for his guardian or legal person to sign a gift contract, because the law stipulates that a person without civil capacity cannot independently carry out civil legal acts.

Whether the contract for the gift of real estate to a minor child is valid.

1. The gift contract for the gift of real estate to the children of the young age of the unchained child is valid. 2. However, if the minor child is a person without civil capacity, it is necessary for his guardian or legal person to sign a gift contract, because the law stipulates that a person without civil capacity cannot independently carry out civil legal acts.

Legal analysis: The gift agreement between parents and children refers to the agreement that parents give their property to their children free of charge, and the children agree to accept it. The gift agreement must be signed by both parties, and only the signature of the donor is invalid.

When parents sign a real estate gift agreement with their children, they may indicate in the agreement whether the house is donated to the children personally, and may also indicate the responsibilities and obligations of the donee.

Legal basis: Civil Code of the People's Republic of China

Article 22: Adults who are unable to fully recognize their own conduct are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by their legally-designated **person** or with the consent and retrospective consent of their legally-designated **person; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their intellectual or mental health conditions.

Article 662:Where the donated property is defective, the donor shall not be liable. In the case of a gift with obligations, if the donated property is defective, the donor shall bear the same liability as the seller within the limits of the obligations. Where the donor deliberately fails to inform the recipient of the defect or guarantee that there is no defect, causing losses to the donee, it shall be liable for compensation.

If the property is donated to a minor child, the gift contract is valid. However, if the minor child is a person with no capacity for civil conduct, it is necessary for his guardian or legal person to sign a gift contract, arguing that the law provides that a person without capacity for civil conduct cannot independently carry out civil juristic acts.

1. Does the Civil Code stipulate that a contract signed by a minor has legal effect?

Whether a contract signed by a minor has legal effect depends on the circumstances. Article 19 of the Civil Code provides that minors over the age of eight are persons with limited capacity for civil conduct, and the implementation of civil juristic acts shall be carried out by their legal ** person ** or with the consent and recognition of their legal ** person; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence. Article 20: Minors under the age of 8 are persons with no capacity for civil conduct, and their legally-prescribed persons are to carry out civil juristic acts.

Article 145 of the Civil Code stipulates that civil juristic acts carried out by persons with limited capacity for civil conduct that are purely beneficial or that are commensurate with their age, intelligence, or mental health are valid; Other civil juristic acts carried out are effective after being approved or recognized by the legally-prescribed person. The counterpart may urge the legally-prescribed person to make a retrospective recognition within 30 days from the date of receipt of the notice. If the statutory ** person does not make an expression, it shall be deemed to be a refusal to recognize.

Before a civil juristic act is recognized, the bona fide counterpart has the right to revoke it. The revocation shall be made by way of a notice of notice.

2. What is meant by a person who lacks capacity for civil conduct?

Persons who lack capacity for civil conduct include minors under the age of eight and adults who are unable to recognize their own conduct. Minors under the age of eight are persons with no capacity for civil conduct, and their legally-prescribed **persons** are to carry out civil juristic acts. Adults who cannot recognize their own conduct are persons with no capacity for civil conduct, and their legally-prescribed **person** shall carry out civil juristic acts.

Persons who lack capacity for civil conduct are unable to recognize the consequences of their actions due to immaturity of their intelligence or mental disabilities.

3. Civil acts of minors.

1. Minors under the age of eight are persons without capacity for civil conduct, and their statutory **persons** shall carry out civil juristic acts; 2. Minors over the age of eight are persons with limited capacity for civil conduct, and the implementation of civil juristic acts shall be carried out by their legally-prescribed **person** or with the consent and retrospective recognition of their legally-prescribed **person; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.

Article 143 of the Civil Code of the People's Republic of China.

Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 144 of the Civil Code of the People's Republic of China.

Civil juristic acts carried out by persons without capacity for civil conduct are invalid.

1. The gift contract for the gift of real estate to minor children is valid. 2. However, if the minor child is a person with no capacity for civil conduct, it is necessary for the guardian of the person or the legal person to sign a gift contract, because the law stipulates that a person without civil capacity cannot independently carry out civil legal acts.

Legal basis. Article 143 of the Civil Code of the People's Republic of China: Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 144:Civil juristic acts carried out by persons lacking capacity for civil conduct are invalid.