Can I get my gift back?

Gifts can be returned, but conditionally.

Under normal circumstances, you cannot get back what you have gifted.

Article 658 of the Civil Code: 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 may revoke the gift 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.

Article 664: If the donor dies or loses the capacity for civil conduct due to the donee's illegal acts, the donor's heirs or statutory ** person may revoke the donation.

The Contract Law stipulates that 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.

The right of arbitrary revocation actually gives the donor the right to repudiate after the gift contract takes effect and before the actual performance. The conditions for exercising this right include: the gift contract has not been performed, and the real right in the subject matter of the gift has not been transferred, of which the transfer of the real right in movable property is subject to delivery, and the transfer of real rights in immovable property and special movable property (such as motor vehicles, ships, and aircraft) is subject to change of registration; The gift contract does not have the nature of social welfare and moral obligation; The gift contract has not been notarized.

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.

Depending on the situation, it is generally possible, but it is not possible to have a gift contract with the nature of social welfare or moral obligations such as disaster relief and poverty alleviation, or a notarized gift contract.

The law is written in writing, and if it is a verbal promise, it is invalid.

If it is clearly a gift, it is legally necessary to return to Tong Beili. For example, a reward to the anchor, a transfer of a special number between a couple in the intelligence bureau, a gift that has been given, etc., as long as the property has been transferred to its rights, the gift cannot be revoked under normal circumstances.

The legal gift of property or something is a contract under the Contract Law, and it is established when the two parties reach an agreement (the donor expresses his willingness to donate, and the donee expressly accepts it).

However, the law gives the donor the right to revoke the gift at any time before the gift is delivered. The donor may revoke the gift before the transfer of rights to the donated property. However, notarized gift contracts or public interest gifts may not be revoked.

The provisions of the preceding paragraph do not apply to notarized gift contracts or gift contracts that must not be revoked in accordance with law and are in the nature of public interest or moral obligations such as disaster relief, poverty alleviation, and assistance to the disabled.

You can ask for it back, but you need to meet certain conditions. One is that the other party agrees to return it, and the other is a conditional gift but the other party does not fulfill it. It is important to note that:

A notarized gift cannot be revoked; Gift contracts with public welfare and moral obligations such as disaster relief, poverty alleviation, and assistance to the disabled cannot be revoked.

1. The nature of the gift contract.

1. Conduct of both parties. 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.

2. Promise behavior. It is a reasonable factor that absorbs the contract of promise and the contract of practice. Most countries follow the tradition of Roman law, which stipulates that a gift contract is formed when the parties agree on their intentions, and there is no need to wait for the delivery of the gift.

3. Free of charge. In addition to the conditional obligations agreed by both parties in the contract, in principle, the donee does not assume obligations due to the gift contract, so it is a unilateral contract.

Generally speaking, the ownership of something that has been sent and delivered to the other party is already the other party's. According to the provisions of Chinese law, when the gift meets the conditions of the law on the revocation of the gift, the right to revoke the gift can be exercised to return the property to be returned.

Legal basis

Civil Code of the People's Republic of China

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 must not be revoked in accordance with law and are in the nature of public interest or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled.

Article 663.

If the donee has any of the following circumstances, the donor may revoke the gift:

1) Serious infringement 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 reason for revocation.

Whether or not the thing that I gave back depends on the situation. If you want to return what has been gifted, you must exercise the donor's right of revocation, which is divided into two types: the right of arbitrary revocation and the statutory right of revocation. Where the rights of the donated thing have already been transferred, the donor cannot revoke the gift without authorization.

In addition, gifts with the nature of social welfare, such as disaster relief, poverty alleviation, education and other materials, such gifts cannot be canceled by the donor at will because of the nature of public welfare.

Legal basis: Article 663 of the Civil Code of the People's Republic of China The donor may revoke the gift 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 knows or changes the reason for revocation.