typical case
Sun Jian politician (pseudonym) has been doing business all the year round, which is a big asset. He has a son named Sun Quan (a pseudonym). When Sun Quan grew up, Sun Jian gave him a house. Later, Sun Quan fell in love with Xiao Qiao (a pseudonym). Sun Jian strongly disagreed, but Sun Quan went his own way and married Xiao Qiao. Sun Jian later got old and wanted Sun Quan to support himself, but Sun Quan didn't agree to support him, thinking that the relationship between father and son was broken and the house was his own, and he didn't want to give it back to Sun Jian. Sun Jian had no choice but to take Sun Quan to court and demand the return of the house he gave Sun Quan.
The court ruled that Sun Quan refused to support his father Sun Jian, so Sun Jian obtained the legal right to terminate the gift contract, so Sun Jian had the right to terminate the original gift contract, and Sun Quan should return the donated property to Sun Jian.
Lawyer's explanation
According to the laws of our country, if the donee has one of the following circumstances, the donor may revoke the gift: (1) seriously infringing on the legitimate rights and interests 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. In China, the gift contract is a unilateral free contract. Even if the donor is the immediate elder of the donee, this is not the reason why the donee can refuse to perform the maintenance obligation but still want to obtain the donated property. In this case, Sun Jian is Sun Quan's father. Sun Quan has a legal obligation to support Sun Jian when he is old. Although the property was donated many years ago and has been donated, as long as Sun Quan refuses to support Sun Jian in the later period, Sun Jian has the right to sue Sun Jian and demand the cancellation of the gift within one year from the date when this happens. In addition, the right of cancellation is called legal right of cancellation, which is more effective than arbitrary right of cancellation. Even if the gift contract is notarized and the property has been delivered or even given, it belongs to the nature of social welfare and moral obligation. As long as it has the legal revocation right, the gift contract can be revoked!