A gift is an act by which a giver gives his property to a donee without compensation and the donee accepts it. The act of giving is generally accomplished through a legal process, i.e., the signing of a gift contract (there are also oral contracts and other forms).

I, the form of gift contract

A simple example, such as: a group of coworkers from work, in front of the factory, one of them took out the Great China cigarettes, one person to send one. This is a gift.

1, the gift contract, is the giver to give his property to the donee without compensation, the donee agreed to accept the contract.

2, oral contract, is an immediate contract, we shop at the roadside stand or supermarket, money and property, take the goods away, this is an oral contract.

A simple example, or the above example, such as: a group of colleagues from work, in front of the factory, one of them took out the Great China cigarettes, one person issued a, and everyone smoked, this is the oral gift contract.

3, written contract, at least two parties, on the content of the agreement to agree, written an agreement.

2, oral gift contract, everywhere in life:

1, small gifts between friends.

2, between friends and neighbors of the wedding gift.

3, social welfare public donations, as long as there are parties to make a verbal commitment to take effect Oh, this is for the protection of public welfare reasons. The big bosses should pay attention to yo.

And so on.

Three, the gift can only occur in the following objects:

1, individuals to state organs, enterprises and institutions and social organizations

2, individuals with each other.

Gifts cannot occur in the state organs, enterprises and institutions and social organizations to individuals. Because state organs, enterprises and institutions and social organizations do not have the right to gift property to individuals.

Four, the gift of things can be asked back?

Gift contract is a revocable contract, divided into the following cases.

1. The gifted property is revocable before the transfer of ownership.

E.g.: a group of colleagues from work, in front of the factory, one of them took out a large Chinese cigarettes, one person issued one, he suddenly realized that one of them had a conflict with him, and he wanted to get back that cigarette, as long as the person has not been smoked, the matter can be asked to go back, when the person is smoking, the cigarette is not going to come back. Because the ownership of the cigarette has been transferred.

2. Serious infringement of the interests of the giver and close relatives.

3. If the obligation of support is not fulfilled.

4. the obligation attached to the gift has not been fulfilled

The period of the right of revocation is within one year after the reason for revocation is known.

Contracts with the nature of social welfare and moral obligations such as disaster relief and poverty alleviation are not suitable for the above items.

V. Who is responsible for the defective quality of the gift?

The following cases, the grantor is responsible for:

1. The grantor's intentionality or gross negligence led to the donee's property loss. For example: a group of colleagues from work, in front of the factory, one of them took out a large Chinese cigarettes, one person issued a, due to the quality of the cigarette, one of them lung infection, spend 20,000 yuan in medical expenses. This situation, the grantor with a certain responsibility.

2. The grantor intentionally did not inform the quality defects.

3. The grantor guarantees the quality.

Six, the gift of property need to be accepted by the donee to be established?

The gift needs the consent of the other party both accept the financial, gift contract wiped established. Such as: a group of colleagues from work, in front of the factory, one of them took out the Chinese cigarettes, a person issued a, which yo part, is not smoking, they do not need that cigarette, more than this part of the people, the gift of the financial and gift contract, it is not established.

These are just some of the simple legal aspects of gifting.

Seven, pay the original law of the gift contract (contract law part)

Article 185 of the gift contract is the giver will give their own property free of charge to the donee, the donee said to accept the gift of the contract.

Article 186 The donor may revoke the gift before the transfer of the right to the gifted property.

The provisions of the preceding paragraph shall not apply to a gift contract that is of a nature of social public welfare or moral obligation, such as disaster relief or poverty alleviation, or a gift contract that has been notarized.

Article 187 Where the property gifted is required by law to undergo registration or other formalities, the relevant formalities shall be carried out.

Article 188 If the donor does not deliver the gifted property in the case of a gift contract or notarized gift contract of a nature of social public welfare or moral obligation such as disaster relief, poverty alleviation, etc., the donee may request for its delivery.

Article 189 If the property gifted is destroyed or lost due to the donor's willfulness or gross negligence, the donor shall be liable for damages.

Article 190 A gift may be accompanied by obligations.

Where a gift is accompanied by an obligation, the donee shall fulfill the obligation in accordance with the agreement.

Article 191 If the property granted is defective, the grantor shall not be liable. In the case of a gift with an obligation attached, if the gifted property is defective, the donor bears the same responsibility as the seller within the limits of the attached obligation.

If the donor intentionally fails to inform about the defects or to guarantee that there are no defects, and this causes losses to the donee, he shall be liable for damages.

Article 192 The grantor may revoke the grant if the grantee:

(1) seriously infringes upon the grantor or the grantor's close relatives;

(2) fails to fulfill the obligation of supporting the grantor;

(3) fails to fulfill the obligations agreed upon in the grant contract.

The grantor's right of revocation shall be exercised within one year from the date when he knew or should have known the cause of revocation.

Article 193 If the donor dies or loses his civil capacity due to the illegal act of the donee, the donor's heirs or legal representatives may revoke the gift.

The right of revocation of the donor's heirs or legal representatives shall be exercised within six months from the date when they knew or should have known the cause of revocation.

Article 194 If the person who has the right of revocation revokes the gift, he may demand from the donee the return of the gifted property.

Article 195 If the economic condition of the grantor deteriorates significantly, seriously affecting his production and operation or family life, he may no longer fulfill the obligation of the grant.