Is the donated house valid without transfer?
Can you go back on your word when you give the house to someone else? If there is no transfer, can it be revoked? The first paragraph of Article 186 of China's Contract Law stipulates: "The donor may revoke the gift before the transfer of the gift right". Therefore, according to the above rules, the donor can go back on his word at any time and stop the execution of the gift contract.
The house has not been transferred, can the gift be revoked? Most situations are possible.
Although a gift contract has been signed, it is different from other paid contracts. The first paragraph of Article 186 of the Contract Law stipulates: "The donor may revoke the gift before the transfer of the power to donate the finance". Therefore, the law gives the donor the right to unilaterally revoke it. Therefore, as long as there is no property right change and no real estate change registration, the donor can cancel the gift at any time and get back the house.
However, the donor shall not arbitrarily revoke the following conditions
1. The gift contract has been notarized. Notarization is essentially a confirmation of the authenticity and legality of legal practice, agreement and contract, and once notarized, it has legal effect. Once the gift contract is notarized, it can show that the donor's gift intention is clear, and the donor may not revoke the gift at will.
2. Gift contracts with the nature of social welfare and moral responsibility. No matter whether it is notarized or not, no matter whether the property right changes, the donor may not revoke it at will. The first paragraph of Article 186 of China's Contract Law stipulates that the donor may revoke the gift before the gift power is transferred to finance. The provisions of the preceding paragraph shall not apply to gift contracts with the nature of social welfare and moral responsibility such as disaster relief and poverty alleviation, or notarized gift contracts.
The donated houses have not been transferred.
1.67-year-old Lao Wang had no children under his knees and was taken care of by his adopted daughter in his later years. Lao Wang was grateful, so he decided to give the only real estate to his adopted daughter and signed a gift contract, but did not go through the transfer formalities. I never thought that my adopted daughter died of illness soon, and her mother brought a gift contract and begged Lao Wang to transfer the property to her. Lao Wang doesn't want to go to court at both ends.
Case analysis: According to the former article 186 of the Contract Law, "the donor may revoke the gift before the transfer of the power to donate the finance". The gift between Lao Wang and his adopted daughter was neither notarized nor social welfare, so he was satisfied with the field that could be revoked at will, so the court rejected his mother's appeal.
However, a divorce agreement is not the same as a gift contract. However, no matter how much both husband and wife agree to give one party's real estate to the other, it is a beneficial agreement between husband and wife, which is essentially a gift.
So is the divorce agreement applicable to the rules of contract law? Divorce agreements contain clauses that touch financial ownership, and the signing, effectiveness, cancellation and alteration of such agreements do not exclude the application of contract law.
According to Article 168 of the Contract Law: "The donor can revoke the gift before the transfer of financial rights", that is, one of the husband and wife agrees to jointly own or share their own property, and the donor can exercise the right of revocation at will before the registration of property rights change.
Second, Lin's uncle Song gave the house, wrote a gift contract, and gave the house property certificate to Lin together. Lin then moved in and lived there until now, but never went to the real estate agency to handle the transfer formalities. Now that Song has passed away, his son Xiao Song found Lin and begged Lin to move out of the house. Xiao Song's reason is that the gift contract between Lin and Song is invalid without the transfer formalities, and the owner of the house is still Song, which should be inherited by Xiao Song.
The house gift contract is useful. Song voluntarily donated a house to Lin and wrote a gift contract. Lin also moved into the house to express his commitment, and the intention of the parties showed that the contract was established and valid.
Song did not revoke the gift before his death. As long as Lin did not cause Song's death or loss of civil capacity due to illegal practice, Song's son Xiao Song had no right to revoke the gift. Now that Song is dead, it is impossible to implement the contract, but his financial heir Xiao Song has the responsibility to implement it. Therefore, Lin can state the heir according to the contract, and ask the court to order the performance of the contract and handle the transfer procedures.
Here, Bian Xiao sorted out the relevant information about whether the donated house is valid or not. Everyone should refer to all kinds of materials when going through the formalities of real estate.