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Chapter II Specific Provisions of XI Gift Contract
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Article 11 of this chapter stipulates the concept of the gift contract, the establishment of the gift contract, the rights and obligations of the parties, the liability for warranty of defects, the arbitrary and legal revocation of the gift and the liability for breach of contract.
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.
This article is about the concept of gift contract.
A gift contract refers to a contract in which the donor gives his property to the donee free of charge and the donee is willing to accept the gift. From the concept of gift contract, we can see the following connotations:
1. Gift is an agreement and a legal act of both parties. Although the gift contract is unilateral and free, it needs the agreement of both parties to be established. If one party has the will to give and the other party has no intention to accept the gift, the gift contract cannot be established. In real life, there will also be cases where one party is unwilling to accept gifts from the other party for some reasons. In this case, the gift contract will not be established.
2. A gift contract is a contract to transfer the ownership of property. A gift contract is a contract in which the donor gives his own property to the recipient, and the donor transfers the ownership of the property to the recipient. This is the main difference between a gift contract and a loan contract.
3. The gift contract is a free contract. The so-called "free contract" refers to a contract in which only one party pays and the other party does not have to pay the corresponding price to the other party. In the gift contract, only the donor donates his property to the donee free of charge, and the donee obtains the donated property without paying the corresponding price to the donor. This is the main difference between a gift contract and a paid contract such as buying and selling.
4. The gift contract is a unilateral contract. The so-called "unilateral contract" refers to a contract in which only one party bears the debt and the other party does not bear the debt, or although it bears the debt, it has no consideration relationship. Under normal circumstances, only the donor has the obligation to give his property to the donee in the gift contract, and the donee has no obligation. In a gift with obligations, the donor has the obligation to pay his property to the donee, and the donee undertakes certain obligations according to the contract, but the obligations undertaken by the donee are not the consideration of the obligations undertaken by the donor, and the obligations between them do not correspond, so the gift contract is a unilateral contract.
5. A gift contract is a promise contract. Whether the gift contract is a practice contract or a promise contract is directly related to when the gift contract is established. Whether the gift contract is based on the delivery of the subject matter has different provisions in foreign legislation, and the legal circles in China also have different understandings. The so-called "practical contract", also known as "material contract", refers to a contract that can only be established after the parties agree. It is based on the agreement of the parties and the delivery of the subject matter. The so-called "promise contract", also known as "immaterial contract", refers to a contract that can be established when the parties agree on its meaning. This is based on the agreement between the two parties.
The former Soviet Union and some countries in Eastern Europe regard the gift contract as a practical contract. German, Japanese and Taiwan Province define the gift contract as a promise contract in their legislation. In the legal field of our country, some scholars advocate that the gift contract is a practical contract; Some claim that the gift contract is a promise contract.
In the process of drafting and amending the chapter of Contract Law, there are different views on whether the gift contract should be defined as a practice contract or a promise contract, and when the gift contract is established. Some people think that gift should be a practical contract, which is established when the subject matter is delivered. Otherwise, it is unfair for the donor to reach an agreement with the parties, and if the donor fails to perform the gift obligation, it will be enforced. At the same time, it will also make donors feel worried when expressing their willingness to donate, thus giving up the idea of donating, thus reducing the chances of recipients. Some people think that gift should be a promise contract, and the contract can only be established if both parties agree. If the donor fails to fulfill the delivery obligation before delivering the gift, the expression of the gift is not binding on the donor, which violates the principle of good faith. The material and economic preparations made by the donee for accepting the gift based on his trust in the donor are irreparable, which is also extremely unfair to the donee. Others believe that the oral gift contract can be agreed to take effect when the property is delivered; At the same time, the written gift contract stipulates that it will take effect after the contract is concluded, because the parties have already concluded a written contract, indicating that their expression of will has been more cautious, and the parties should fulfill their gift obligations in accordance with the contract.
The provisions of the Contract Law show that a gift contract is a promise contract, and it is established with the consent of the parties, whether it is concluded orally or in writing, and whether the donated property is delivered or not. At the same time, considering that in the gift contract, the donor will inevitably have impulsive behavior, the contract law also stipulates the application of arbitrary termination of the gift contract (see below).
6. The gift contract is a free contract. Whether the gift contract is important or unnecessary is also related to whether the gift contract is established. The so-called "necessary contract" refers to a contract that must be in a certain form according to the law. The so-called "non-contract" means that the law does not require a specific form of contract. An optional contract does not exclude the use of written or notarized forms, but the form of the contract does not affect the establishment of the contract. According to the contract law, the gift contract is unnecessary. The gift contract can be in oral form, written form or notarized after the contract is concluded. No matter what form it takes, whether it is notarized or not, it will not affect the establishment of the gift contract.
Different countries have different regulations on whether the gift contract is unnecessary and whether it must be notarized. For example, Germany, France and Italy require notarization of gift contracts. Germany stipulates that in order to make the contract of donation and payment valid, the agreement should be notarized. If the means specified in the preceding paragraph are lacking, the agreed payment can be fulfilled and supplemented. France stipulates that all living gifts must be made in front of a notary public with the usual contract, and the original contract must be kept in the notary office, otherwise the gift contract will be invalid. Italy stipulates that the gift should be notarized, otherwise it will be invalid. In Japan and Taiwan Province Province of China, gifts are allowed in written or non-written form, and there is no requirement that the gift contract must be notarized.
Article 186 The donor may revoke the gift before the right to donate the property is transferred.
The provisions of the preceding paragraph shall not apply to gift contracts with the nature of social welfare and moral obligation such as disaster relief and poverty alleviation or notarized gift contracts.
This article provides for the arbitrary revocation of gifts and its restrictions.
Arbitrary revocation of gift means that the donor can stop being a gift according to his own will after the gift contract is established and before the right of the gift property is transferred. The arbitrary revocation of the gift stipulated by law stems from the fact that the gift is a free act. Even if the gift contract has been established, the donor can be allowed to cancel the gift for some reason, which is also a significant difference between the gift contract and other paid contracts. In particular, some gift contracts are concluded because of temporary emotional factors. If donors are absolutely not allowed to cancel, it is too harsh and unfair for donors.
However, if there is no restriction on arbitrariness, it means that the gift contract is not binding, unfair to the donee, contrary to the principle of good faith and an impact on social morality. Therefore, the revocation of the gift should have the following restrictions:
1. If the donated property has transferred its rights, the donor shall not revoke the gift without authorization. If a part of the donated property has been delivered and the rights have been transferred, the arbitrary revocation of the gift is limited to the part that has not been delivered and the rights have not been transferred, so as to maintain the stability of the rights and obligations of both parties to the gift contract.
2. If the gift contract is notarized after it is concluded, the donor shall not cancel it at will. In other words, the gift contract that can be revoked at will is limited to the gift contract that has not been notarized. After the signing of the gift contract, the notary department notarizes the parties, which shows that the expression of their gift will has been very cautious. Therefore, the donor shall not arbitrarily cancel the notarized gift contract.
3. A donation contract with the nature of social welfare and moral obligation, regardless of the form in which the parties conclude it, whether it is notarized or not, and whether the right of the donated property is transferred or not, the donor may not cancel it at will. Gifts with the nature of social welfare mainly refer to gifts made for the purposes of disaster relief, poverty alleviation and student assistance. , or for funding public facilities construction, environmental protection and other public utilities. The public welfare nature of this gift determines that the donor may not revoke the gift at will. Because there are moral factors between the parties, it is immoral to allow the donor to revoke it at will. Therefore, the donor shall not revoke the gift at will.
Here, we can review the provisions of the fourth draft of the Contract Law: "The donor may revoke the gift before delivering the donated property. The provisions of the preceding paragraph shall not apply to gift contracts with the nature of social welfare and moral obligations such as disaster relief and poverty alleviation or concluded in written form. "
The revision of the draft contract law mainly considers two issues. First, change "delivery" to "transfer of rights". "Delivery" only refers to the actual delivery of the physical object and belongs to the addressee. Of course, the ownership of the gift is generally transferred at the time of delivery, but there are also cases where the law provides otherwise or the parties agree otherwise. As for the transfer of rights, there may be two situations: the first situation is that the donated property has not been actually delivered, but its ownership has been transferred to the donee; In the second case, the donated property has been occupied by the donee, but its ownership has not been transferred. "Transfer of rights" is broader and more accurate than "delivery", so the draft has been revised. The second is to change "concluded in writing" to "notarized". A gift contract concluded in written form is inevitably thoughtless due to temporary emotional factors, while a notarized gift contract cannot be said to be careless. In order to balance the interests of both parties to the gift contract, the above amendments are made.
Article 187 If the donated property needs to go through registration and other formalities according to law, it shall go through the relevant formalities.
Interpretation: This article is about the provision that the gift of special property needs to go through relevant legal procedures.
Where the law provides for special procedures for giving property, such provisions shall prevail. This is mainly for special gifts, such as real estate. For example, according to the "People's Republic of China (PRC) Real Estate Management Law", those who donate real estate shall apply to the real estate management department for registration of change of real estate ownership. As for whether registration has an impact on the establishment of the gift contract, it should be determined according to the relevant laws. If the registration procedure stipulated by law is only "filing", then even if the registration procedure is not fulfilled, the gift contract should be established; If the registration required by law is an important element for the contract to take effect, even if it is not registered, it will not affect the establishment of the contract, but the contract will not take effect; If the registration stipulated by law is a necessary condition for the establishment of a contract, then the contract must be registered, otherwise the contract will not be established.
Article 188 If the donor fails to deliver the donated property in a gift contract or a notarized gift contract with the nature of social welfare and moral obligation such as disaster relief and poverty alleviation, the donee may demand delivery.
Explain that this article is about the responsibility of the donor not to deliver the donated property.
It is the donor's obligation to deliver the donated property to the donee and transfer its ownership according to the donation contract.
Whether the donor's failure to deliver the donated property constitutes a breach of contract and bears the liability for breach of contract should be distinguished according to the purpose of the gift and whether the gift contract has been notarized. According to the provisions of the Contract Law, in a general gift contract, the donor may revoke the gift before transferring the right to the gift property. Therefore, for this gift contract, if the donor does not pay the donated property, the donee cannot ask the donor to pay the donated property, and the donor will not be liable for breach of contract.
A gift contract or a notarized gift contract with the nature of social public welfare and moral obligation such as disaster relief and poverty alleviation, if the donor delays or fails to perform the obligation to pay the gift property, shall be deemed as a breach of contract. The donee may request the donator to pay the donated property, but if the donator still refuses to pay, the donee may bring a lawsuit to the people's court and ask him to fulfill the gift obligation.
As far as people know, in the 1998 flood fighting and disaster relief fund-raising activities, hundreds of millions of yuan of money and materials were pledged by all sectors of society, some by telephone or in the form of donations with official seals. Whether the oath must be fulfilled became one of the focus topics in society at that time. It is said that donation is a gift, and the nature of a gift contract is a practice contract. Only after the donor has delivered the money and goods can the contract have legal significance. Before the money is delivered, if the donor goes back on his word, he will face moral condemnation at most and will not bear legal responsibility. On the other hand, public commitment is a means for some enterprises to expand their popularity. Before the press conference, holding signs and subtitles, the pledging unit and the recipient unit signed more donation agreements or the pledging unit issued a letter of commitment, which means carelessness. Donors don't honor their promises, and some have the ability to honor them but deliberately delay them; Some of them are in poor business conditions and owe a lot of debts, in order to improve themselves. If there is a donation agreement, a letter of commitment is issued or the donation is announced to the public, it is not only a deception to the public, but also a violation of the principle of good faith in law. In this regard, the law should clearly stipulate that donors must fulfill their donation obligations, and if they refuse to do so, they may request the people's court to enforce them.
According to the Contract Law, donations have the nature of social welfare such as disaster relief and poverty alleviation. If the donor fails to deliver the donated property, the donee can ask for delivery, which legally regulates this donation behavior.
Since the gift contract is a unilateral contract, only the donor undertakes the obligations unilaterally. When the donor fails to perform the obligation to deliver the donated property, its liability should also be limited. Unlike the general bilateral contract, it should also pay the delayed interest or compensate other losses when performing the payment obligation. If the donor fails to deliver the donated property in accordance with the provisions of the contract law, the donee may request delivery, that is, it does not include delay interest and other damages, but is limited to the donated property itself. This provision is also consistent with the provisions of some other countries and Taiwan Province Province. According to German regulations, the donor has no obligation to pay delayed interest. According to the regulations of Taiwan Province Province, when the donor fails to fulfill his moral obligations, the donee may request to deliver the gift or pay the price. However, no interest or other damages may be demanded for non-performance.
Article 189 Where the donated property is damaged or lost due to intentional or gross negligence of the donor, the donor shall be liable for damages.
Explain that this article is about the responsibilities that the donor should bear if the donated property is damaged or lost due to intentional or gross negligence.
If the donated property is damaged or lost due to the intentional or gross negligence of the donor, what kind of responsibility should the donor bear? This provision indicates that when the donated property is invalid or nonexistent due to the intentional or gross negligence of the donor, the donor may be exempted from the obligation to deliver the donated property, but shall be liable for other losses caused by the donor.
Article 190 A gift may be accompanied by obligations.
If the gift is accompanied by obligations, the donee shall perform the obligations as agreed.
Explain that this article is about the provision of gift with obligation.
(A) the concept and characteristics of gift with obligation
A gift with obligations, also known as a gift with burdens, refers to a gift on the condition that the donee pays a certain amount to the donor or a third person, even if the donee assumes certain obligations after accepting the gift. Gifts with obligations are different from general gifts, but belong to special gifts. Characterized in that:
1. Generally speaking, the donee only enjoys the right to obtain the donated property and does not undertake any obligations. For a gift with obligations, the donor attaches certain conditions to the gift, so that the donee assumes certain obligations.
2. The gift with obligation has a certain limit, which is usually lower than the value of the donated property.
3. Under normal circumstances, the performance of the donee's obligations will only happen after the donor has fulfilled the gift obligation, unless otherwise agreed by the parties, which is also acceptable.
4. The obligation of donation may be agreed to be performed by the donor, a third party or an unspecified majority.
5. According to the agreement of the parties, fulfilling the gift obligation can be an act or an omission.
6. The obligation attached to the gift is an integral part of the gift contract, not another independent contract.
(2) The effect of the gift with obligation
1. The donee shall perform the obligations as agreed. After the donor pays the donated property to the donee, the donee shall perform the obligations as agreed. If the donee fails to perform, the donor has the right to require the donee to perform his obligations or cancel the gift. If the donor cancels the gift, the donee shall return the donated property to the donor.
Some countries and China's Taiwan Province Province have regulations that the donee should fulfill the gift obligation according to the agreement. Germany stipulates that if the donor has paid, he can request to fulfill his burden. If the donee fails to perform the burden, the donor may request the return of the gift according to the provisions on the return of unjust enrichment and the elements of the right of revocation agreed by both parties in the contract. For example, in Taiwan Province Province, China, if the donor has paid the gift price and the donee fails to fulfill the burden, the donor may request the donee to fulfill the burden or cancel the gift.
2. The donee is only responsible for fulfilling the obligations within the value of the donated property. Gift is a free contract, and its purpose is to benefit the donee. If the collateral obligation exceeds the value of the donated property, the donee will suffer disadvantage, which is also inconsistent with the original intention of the gift. Therefore, if the donated property is insufficient to offset the attached obligations, the donee is only responsible for fulfilling the obligations within the value limit of the donated property. That is to say, if the obligations attached to the gift exceed the value of the donated property, the donee is not responsible for fulfilling the obligations that exceed the value of the donated property.
German and China's Taiwan Province Province have also stipulated the scope of the donee's obligations. Germany stipulates that if the value of the gift is obviously insufficient to pay the expenses needed to fulfill the burden due to the defect of the right or gift, the donee may refuse to fulfill the burden until the deficiency caused by the defect is compensated. If the donee performs the burden without knowing that there is a defect, the donee may request the donor to return the part of the expenses incurred for performing the burden that exceeds the value of the gift of the defect. According to the regulations of Taiwan Province Province, if the gift with burden is not enough, the donee is only responsible for fulfilling the burden within the value limit of the gift.
3. In the gift with obligations, if the donated property is defective, the donor shall bear the same liability for guaranteeing the defects as the seller within the limits of the obligations attached to the gift (see below for details).
Article 191 Where the donated property is defective, the donor shall not be liable. If the donated property is defective, the donor shall bear the same responsibilities as the seller within the scope of obligations.
If the donor intentionally fails to inform of the defects or fails to guarantee that there are no defects, thus causing losses to the donee, he shall be liable for damages.
Explain that this article is about the donor's guarantee responsibility for the defects of the donated property.
Because the gift contract is a free contract and the gift is an act of seeking benefits for the donee, the donor's liability for guaranteeing the defects of the donated property is different from that of a paid contract. The connotation of this article has three aspects:
(1) If the donated property is defective, the donor shall not be liable in principle.
(2) In a gift with obligations, if the donated property is defective, the donor shall bear the same responsibilities as the seller within the scope of obligations attached to the donee. As far as the general gift is concerned, the donor does not bear the liability for warranty of defects in principle. However, for the gift with obligations, although the donee has gained benefits, he has to fulfill the agreed obligations. If the donated property is defective, it will inevitably lead to the loss of the recipient's interests, which does not correspond to the rights and obligations stipulated in the contract, and the recipient will suffer losses. In order to protect the interests of the donee and seek fairness, the donor should bear the responsibility of defect guarantee. As far as the obligations performed by the donee are concerned, it is just like the position of the buyer in the sales contract. Therefore, the donor should bear the same liability for warranty of defects as the seller in the sales contract within the scope of the obligations attached to the donee.
(3) If the donor intentionally fails to inform of the defects or fails to guarantee that there are no defects, thus causing losses to the donee, it shall be liable for damages. It is subjectively malicious for the donator to intentionally fail to inform that the donated property is defective, and it also violates the principle of good faith. If the defects of donated property cause other property losses or personal injuries to the donee, it shall be liable for damages. If the donor intentionally fails to inform the recipient of the defect and causes no loss to the recipient, he shall not be liable for compensation. If the donor guarantees that the gift is flawless and causes losses to the donee, he shall also be liable for damages.
Both foreign countries and China's Taiwan Province area have provisions on the donor's liability for warranty against defects, but they are also different. Japan stipulates that the donor is not responsible for the defect or lack of the donated subject matter or right. However, this restriction does not apply if the donor knows that there are defects or deficiencies but does not inform the donee. For a gift with a burden, the donor shall bear the same guarantee liability as the seller within the limit of the burden. Germany stipulates that the donor intentionally conceals the right or the defect of the gift and is liable for the damage caused by the defect of the donee. According to the regulations of Taiwan Province Province, if the gift or right is defective, the donor will not bear the guarantee responsibility. However, if the donor intentionally fails to inform the recipient of the defect or does not guarantee the absence of the defect, he shall be liable for the damage caused by the defect to the recipient. If the gift or right attached to the burden is defective, the donor shall bear the same guarantee responsibility as the seller within the limit of the recipient's burden. Therefore, Japan, Germany and Taiwan Province all stipulate that if the donor intentionally fails to inform the donor of the defects of the gift and causes damage to the donee, he shall be liable for compensation. Regarding the liability for damages caused by the donor's guarantee that there is no defect to the donee, there are provisions in Taiwan Province, China, but there are no provisions in Japan and Germany.
Article 192 If the donee is in any of the following circumstances, the donor may revoke the gift:
(a) serious infringement of the donor or the donor's close relatives;
(two) the donor has the obligation to support and fails to perform;
(3) Failing to perform the obligations stipulated in the gift contract.
The donor's right of revocation shall be exercised within one year from the date when he knows or should know the reason for revocation.
Explain that this article is about the legal revocation of the donor and the period during which the right of revocation is exercised.
The legal revocation of the gift contract means that after the gift contract is established, the revocation right holder can revoke the gift under the circumstances stipulated by law. The difference between legal revocation and arbitrary revocation of a gift lies in: first, the revocation of a gift must be based on the reasons stipulated by law; Second, as long as there are legal reasons, no matter what form the gift contract is concluded or even notarized, no matter whether the gift property has been delivered, no matter whether the gift belongs to social welfare and moral obligation, anyone who has the right to cancel the gift can do so.
Gift is the act of making the donee gain benefits. If the donee has done harm or other ungrateful acts to the donor, the law shall give the donor the right to revoke the gift. The legal revocation of the gift contract is an illegal act of the donee or a violation of the gift contract. The donor's right to revoke the gift according to law is an important content of legal protection for the donor.
(1) The donor is revoked according to law.
According to the provisions of this article, the three legal situations in which the donor can revoke the gift have the following meanings:
1. The donee seriously infringes on the donor or his close relatives. The main points are as follows: First, the donee committed a serious infringement, not a slight and general infringement. Second, the donee infringes on the donor himself or his close relatives, including spouses and immediate family members (parents, children, grandparents, grandchildren, grandchildren, etc.). ) and brothers and sisters. If it infringes on other relatives and friends, it is not included.
As to whether the recipient's infringement must be intentional, the legislation of some countries and Taiwan Province Province of China is different. For example, according to German regulations, when the donee has a major infringement or a major ingratitude to the donor or his close relatives, the donor can revoke his gift. In Taiwan Province Province, China, the donee intentionally infringes on the donor or his close relatives, and is clearly punished according to the criminal law; If the donor fails to perform the maintenance obligation, the donor may revoke the gift. It can be seen that the legal reasons for canceling the gift in Germany are relatively loose, and it is not specifically pointed out that it is intentional behavior, nor does it emphasize that the donor can cancel the gift if he reaches the crime level. In Taiwan Province Province, China, the conditions are more stringent, both intentional and criminal. According to China's contract law, as long as the donee seriously infringes on the donor or the donor's close relatives, the donor can revoke the gift, not limited to intentional and criminal acts.
2. The donee has the obligation to support the donor and fails to perform it. There are mainly the following points: first, the donee has the obligation to support the donor. Second, the donee has the ability to support the donor, but does not fulfill the obligation to support the donor. If the donee has no ability to support or has lost his ability to support, the donor has no right to revoke the gift.
3. The donee fails to perform the obligations stipulated in the gift contract. There are mainly the following points: first, the gift contract stipulates that the donee has certain obligations. Second, the donor has delivered the donated property to the recipient. Third, the donee failed to fulfill the obligations stipulated in the gift contract. For a gift with obligations, the donee shall perform the obligations as agreed. After the donor delivers the donated property to the donee, if the donee fails to perform his obligations, the donor may revoke the gift.
In order to determine the future of the gift relationship as soon as possible, the revocation right holder should exercise the revocation right in time according to law. The period for the donor to exercise the right of revocation is one year, counting from the day when he knows or should know the reason for revocation. This period belongs to a predetermined period, that is, the exercise period of a certain right is determined in advance by law, and there is no question of suspension, interruption and extension. If the revocation right holder fails to exercise the revocation right within the statutory time limit, his revocation right shall be extinguished.
Article 193 If the donor dies or loses his capacity for civil conduct due to the donee's illegal act, the donor's successor or legal representative may revoke the gift.
The right of revocation of the donor's heir or legal representative shall be exercised within six months from the date when he knows or should know the reason for revocation.
Explain that this article is about the statutory revocation of the donor's heir or legal representative and the period during which the revocation right is exercised.
The right of revocation of the gift should belong to the donor, but when the donor dies or loses his capacity for civil conduct due to the illegal behavior of the donee, the donor's right of revocation cannot be exercised in fact. Only when the donor's heir or legal representative exercises the right of revocation can the donor's right and willingness to revoke the gift be realized. At the same time, only when the donor cannot exercise the right of revocation, the donor's heir or legal representative has the right to revoke the gift. Therefore, the heir or legal representative of the donor must revoke the gift based on the legal circumstances that the donor died or lost his capacity for civil conduct due to the illegal act of the donee.
The reasons for the donor's heirs to exercise the right of revocation are also different in other legislative cases. According to German regulations, only when the donee causes the death of the donor due to intentional and illegal acts, the donor's heirs have the right to revoke the gift. Italy stipulates that if the donee is sentenced for intentionally killing the donor or deliberately preventing the donor from revoking the gift, the donor's heir may bring a lawsuit to revoke the gift. Taiwan Province Province stipulates that if the donee causes the death of the donor or prevents him from revoking the gift due to intentional illegal acts, the heir of the gift may revoke his gift. It can be seen that there is no reason for the donee to obstruct or prevent the donor from revoking the gift when the heir of the German donor revokes the gift.
The period for the heir or legal representative of the donor to exercise the right of revocation is six months, counting from the day when he knows or should know the reason for revocation.
Article 194 Where the revocation right holder revokes the gift, he may request the donee to return the donated property.
Explain that this article is about the provisions on the effectiveness of the right to cancel.
The legal revocation right of the gift should be the right of formation, which will take effect once the revocation right holder exercises it, thus dissolving the gift relationship. When the donated property is not delivered, the donor may refuse the gift; If the donated property is revoked after delivery, the donor or his successor or legal representative may request the donee to return the donated property.
Article 195 If the donor's financial situation has deteriorated significantly, which has seriously affected his production, operation or family life, he may no longer perform his gift obligation.
Explain that this article stipulates the legal situation that the donor can no longer perform the gift obligation.
This provision shows that after the conclusion of the gift contract or after the donor partially fulfilled the gift obligation, the donor's economic situation deteriorated significantly, which seriously affected his production, operation and family life, and the donor could no longer fulfill the gift obligation agreed in the gift contract or the part of the gift obligation agreed in the gift contract but not yet fulfilled. If the donor no longer performs the gift obligation, it shall meet the statutory conditions stipulated in this article: First, the economic situation has deteriorated significantly, which occurred after the gift contract was established, not before it was established. If his financial situation is already very bad, he still expressed his intention to give it to others. In fact, his gift intention is insincere, and the gift contract has no basis for performance. Second, the economic situation has deteriorated significantly, seriously affecting the production economy of enterprises, or it is difficult to maintain personal family life.