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Housing Gift Contract.
Party A (Donor):
Valid ID No.:
Party B (Donee):
Party A voluntarily donated all the immovable property under it to Party B. In accordance with the Contract Law and other relevant laws and regulations, the parties voluntarily reached an agreement on the donation of real estate as follows:
Article 1: Party A voluntarily donates its real estate to Party B, and Party B voluntarily accepts the house. The specific condition of the house is as follows:
a) Located in , with a construction area of square meters;
2) The ownership certificate number of the donated house is;
3) The floor plan of the house is shown in the house ownership certificate;
The right to use the land within the area occupied by the house is given together with the house.
The interest in the house is given together with the house.
Article 2: Party B shall actively assist Party B in handling the transfer registration and transfer procedures.
Article 3: Party A guarantees that the ownership of the house and other specific conditions are complete before the signing of the gift contract and after the contract is signed until the completion of the transfer, and that the house is not legally recourse by others.
Article 4: If Party A donates real estate to Party B, this contract shall not be revoked without authorization after the two parties sign it.
Article 5: Both parties A and B are scheduled to formally handle the transfer registration and transfer of the house in January, and both parties are scheduled to apply to the relevant departments for the change of names of relevant ancillary facilities and related rights and interests before the date. After Party B receives the "House Ownership Certificate", it shall apply to the land management department for the change of the land use right of the house in accordance with the relevant regulations.
If Party A fails to perform the above obligations in accordance with the regulations, it shall bear the liability for breach of contract according to the following agreements:
Article 7: For matters not covered in this contract, both parties may enter into supplementary terms or agreements. The Supplemental Terms or Supplemental Agreements and the Annexes to this Agreement are integral parts of this Agreement.
Article 8: This contract shall come into force on the date of signing by both parties.
Article 9: This contract shall be in duplicate. Among them, Party A retains a share, Party B retains a share, and a copy is owned by the housing ownership registration authority.
Party A (signature):
Party B (Signature):
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Legal analysis: The contract of filial piety auction should be a promised contract, and the donor is also allowed to revoke the gift under certain conditions. A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses that he is envious of receiving 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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A gift contract is not a contract of practice, but a contract of promise. A gift contract is a contract in which the donor gives his property to the recipient of the deferred start free of charge, and the donee expresses his acceptance of the gift of the hail. The donor may revoke the gift before the transfer of rights 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.
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 pull the sail and 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.
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Gift contracts are not all practice contracts, gift contracts with the nature of social welfare and moral obligations such as disaster relief and poverty alleviation, or notarized gift contracts, are promise contracts, and the rest of the gift contracts are practice contracts.
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.
1. Precautions for notarization of gift contracts.
1. The property donated by the donor must be the legal property owned by the donor. If the property donated by the donor is jointly owned by the donor and his or her spouse (or other person), the donor shall sign a gift contract with his or her spouse (or other person) and jointly apply for a certificate or obtain the written consent of the co-owner.
2. The signing of the gift contract must be voluntary and must be a true expression of intent, if the expression of intent is not true because of malicious collusion or fraud, coercion and other reasons, it may lead to the invalidity of the gift contract, and the notary office can revoke the notarial certificate.
3. It is not allowed to evade taxes or perform other statutory obligations by signing a gift contract, otherwise, the losses and consequences caused by this shall be borne by the applicant himself. The notary public can revoke the notarial deed.
4. If the donor's true intention is to donate the donated property only to the personal property of the donee and not to the joint property of the donee and his or her spouse, then the donor should clearly write into the gift contract the expression of intention that "the donated property is only the personal property of the donee, not the joint property of the donee and his spouse".
5. After receiving the notarial deed of the gift contract, those who need to go through the registration and transfer procedures should immediately go to the relevant departments to go through the registration and transfer procedures, such as the gift of real estate, vehicles, equity and other properties need to go to the relevant departments to go through the change registration procedures. If the gift is not accepted in time and the transfer registration formalities are not completed in time, the parties themselves shall be responsible for the unexpected consequences.
6. If the property is donated to the minor, according to the provisions of the Civil Code, after the gift, the guardian shall not dispose of the property unless it is for the benefit of the minor.
2. Whether a notarized gift can be revoked.
A notarized gift cannot be revoked without a statutory reason for revocation. According to the relevant provisions of China's Civil Code, the donee may revoke the gift if the donee has any of the following circumstances:
1. Seriously infringing on the donor or the donor's close relatives.
2. There is an obligation to support the donor but does not perform it.
3. Failure to perform the obligations stipulated in the gift contract. If there are no above reasons, the gift contract cannot be revoked.
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Legal Investigation:
The gift contract should be a promised contract, and the donor is allowed to revoke the gift under certain conditions. A gift contract is a contract in which the donor confiscates his property to the donee free of charge, and the donee expresses his acceptance of the gift.
Legal basis: Article 657 of the 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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