Is it illegal for lawyers to accept gifts on the spot?

Legal analysis

It is not illegal or criminal for lawyers to receive gifts live, but it is voluntary. Live broadcast also belongs to another kind of "marketing", because the purpose of marketing is to hope that people who have no consumption plan will spend, or to let people who have no strong desire to spend. Under special circumstances, the inducement to vulnerable groups such as the elderly or children may constitute immoral sales behavior. For children, the loss can be recovered by canceling the contract.

Legally speaking, as long as the donor has the corresponding capacity for civil conduct, has the right to dispose of the donated property and give it to others voluntarily, and the donor and the recipient sign it, the gift agreement has legal effect. However, gift is an actual civil act. Except for the gift contract or notarized gift agreement with the nature of social welfare and moral obligation, such as disaster relief and poverty alleviation, the donor has the right to cancel the gift before the actual delivery.

If consumers fall into a wrong understanding and share their property, it may constitute fraud.

legal ground

Article 662 of the Civil Code

If 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 compensation.

Article 657 of the Civil Code

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.

Article 9 of the Consumer Protection Law

Consumers have the right to choose their own goods or services. Consumers have the right to choose their own operators to provide goods or services, choose their own varieties of goods or services, and decide whether to buy or not to buy any kind of goods or accept or not to accept any kind of services. Consumers have the right to compare, identify and choose their own goods or services.

Provisions on the Administration of Internet Live Broadcasting Service

Article 6 Providing Internet live broadcast services through online performances, online audio-visual programs, etc. It should also obtain relevant qualifications stipulated by laws and regulations according to law.