If a lawsuit is filed, it is necessary to make a lawsuit judgment based on the evidence provided.
According to the relevant provisions of People's Republic of China (PRC) Contract Law:
Article 192 If the donee is in any of the following circumstances, the donor may revoke the gift:
1, seriously infringing on the donor or the donor's close relatives;
2. The donor has the obligation to support but fails to perform it;
3. Failure 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.
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.
Extended data
Case:
Wang Chao (a pseudonym) lives in other places and is about 30 years old this year. At the beginning of July last year, when he was eating in a restaurant in our city, he added a netizen named "Unforgettable" through WeChat. The photo of this person on WeChat is a woman.
After getting to know each other, we chatted well on WeChat, and soon confirmed the relationship between men and women. After that, "Unforgettable" asked Wang Chao for more than RMB147,000 and an Apple mobile phone on the grounds of meeting, getting married and seeing a doctor. During the "object" period, Wang Chao asked to meet many times, but the other party always evaded it with various excuses.
Later, Wang Chao told his family about it and came to our city with his family. I went to the hospital where my girlfriend saw a doctor, but I didn't find this person. Wang Chao began to suspect that he had been cheated, so he reported the case to the public security organ. 20 15, 20 15, the police of the Second Criminal Investigation Brigade of Dong 'an Public Security Bureau immediately investigated the case after receiving the alarm. And the suspect was arrested on February 29, 20 15.
After interrogation, the suspect Zhang Li (pseudonym), male, was born in 1989, a native of this city. Zhang Li confessed that he used information such as female identity and fake female photos in WeChat to ask Wang Chao for property in the name of "object".