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Anonymous users2024-02-10The gift contract is stipulated in detail by Chapter 11 of the Contract Law, so the relevant provisions of the Contract Law may be applied to the gift contract.
Chapter 11 Gift Contracts.
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.
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 187:Where donated property needs to go through formalities such as registration in accordance with law, the relevant formalities shall be completed.
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 189:Where the donor's intentional or gross negligence causes damage or loss of the donated property, the donor shall be liable for damages.
Article 190: Gifts may be accompanied by obligations.
Where the gift is accompanied by obligations, the donee shall perform the obligations in accordance with the agreement.
Article 191: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.
If the donor deliberately fails to inform the defect or guarantee that there is no defect, causing losses to the donee, it shall be liable for damages.
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.
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Anonymous users2024-02-09Gift contracts are also one of the types of contracts regulated by contract law. There are relevant provisions in the Contract Law.
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Anonymous users2024-02-08Legal Analysis: Yes. If the donor has an expression of gift, but the donee does not have the intention to accept it, the contract can still not be established, so it is different from the unilateral act of gifting.
A gift contract can only be formed after the donee expresses his acceptance of the gift.
Legal basis: Article 657 of the Civil Code of the People's Republic of China 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.
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Anonymous users2024-02-07OK. If the donor has an expression of gift, but the donee does not intend to accept it, the contract cannot be established, so it is different from the unilateral act of gift. The gift contract needs to be changed to the recipient to accept the gift before it can be established.
In addition, the donee shall clearly express his acceptance of the gift in writing, and passive silence shall not produce the legal effect of accepting the gift or accepting it. If the donee accepts the gift, the gift contract shall take effect from the date on which the donee accepts the gift.
Legal basis] According to Article 657 of the Civil Code, 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.
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Anonymous users2024-02-06Legal Analysis: Gift contracts can not be accepted. Article 657 of the Civil Code of the People's Republic of China stipulates that 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.
The donor may revoke the gift before the transfer of the right to the donated property.
Legal basis: Article 657 of the Civil Code of the People's Republic of China 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.
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Anonymous users2024-02-05Gift contracts may not be accepted. Article 657 of the Civil Code of the People's Republic of China stipulates that a gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee indicates that the recipient has failed to make the gift. The donor may revoke the gift before the transfer of rights to the donated property.
First merger. 1. Do I need to pay business tax for donating a house to others?
Donating a home to another person is subject to sales tax.
According to Article 1 of the Notice of the Ministry of Finance and the State Administration of Taxation on Adjusting the Business Tax Policy for Individual Housing Transfer, if an individual sells a house purchased for less than 2 years, the business tax shall be levied in full; If an individual sells a non-ordinary house purchased for more than 2 years (including 2 years), the business tax shall be levied on the difference between the sales income and the purchase price of the house; Individuals who will purchase ordinary housing for more than 2 years (including 2 years) are exempt from business tax.
Article 657 of the Civil Code stipulates that 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.
2. What are the provisions of the gift contract in the new Civil Code?
The relevant provisions of the gift contract include the gift contract, which 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. The donor may revoke the gift before the transfer of rights to the donated property. A notarized gift contract or a gift contract that has the nature of public welfare or moral obligations such as disaster relief, poverty alleviation, and assistance to the disabled that cannot be revoked in accordance with law cannot be revoked.
3. Can I apply for a real estate certificate if I donate real estate to my brother and sister?
Property can be gifted to siblings. A gift contract refers to a contract in which the donor gives his property to the donee free of charge, and the donee agrees to accept it. Gift contracts can occur between individuals and state organs, enterprises, public institutions, and social groups, as well as between individuals.
The donated property is not limited to the transfer of ownership, such as mortgages, easements, etc., which can be the subject of the gift.
Arbitrary revocation of a gift contract: The donor may revoke the gift before the transfer of the rights of the donated property, but the gift contract with the nature of social welfare or moral obligations such as disaster relief and poverty alleviation or notarized gift contract shall not be revoked.
The gift contract may be notarized, and if the gift contract has the nature of social welfare or moral obligations such as disaster relief and poverty alleviation, or if the donor does not deliver the donated property in a notarized gift contract, the donee may request delivery.
Gift contracts are unilateral, gratuitous, and promise contracts. A gift contract is a promise contract, and the contract is formed when the parties reach an agreement on their intentions. A gift contract is a unilateral contract, but the conclusion of a gift contract is a civil legal act between the two parties.
Article 657 of the Civil Code of the People's Republic of China 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.
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Anonymous users2024-02-04If the other party to the gift agreement does not accept it, the contract shall have no effect. For the establishment of a gift agreement to take effect, the donor needs to give his property to the donee free of charge, and the donee accepts it; If the donee does not accept it, the contract is not established and takes effect.
[Legal basis].
Article 657 of the Civil Code.
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 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 659.
Where it is necessary to go through registration or other formalities in accordance with law for donated property, the relevant formalities shall be completed.
Article 660.
If the donor does not deliver the donated property, the donee may request delivery of a notarized gift contract or a gift contract that must not be revoked in accordance with law and has the nature of public welfare or moral obligations such as disaster relief, poverty alleviation, and assistance to the disabled.
If the donated property that should 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.
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Anonymous users2024-02-03Legal analysis: A gift contract is a legal act between the two parties, and 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.
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.
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