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Can I repent after giving the house to my children

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Can I repent after giving the house to my children


        

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  • 2024-06-17 14:00:47

    You can go back on giving the house to your children. In a gift contract, only the donor has the obligation to give his property to the donee, while 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 assumes certain obligations according to the contract, but the obligations of the donee and the obligations of the donor do not correspond to each other. The law stipulates that the right of revocation can be arbitrary before the transfer of ownership.

    1 The donor may revoke the gift prior to the transfer of the rights of the gift property.

    II. The right has been transferred and can be withdrawn under certain conditions

    (1) Seriously harming the donor or his close relatives;

    (2) Failing to perform his duty of maintenance to the donor;

    (3) Failing to perform the obligations agreed in the gift contract.

    If the donor's economic situation has deteriorated significantly, which has seriously affected his production, business operation or family life, he may no longer perform the gift obligation.

    Legal basis

    Article 664 of the Civil Code of the People's Republic of China [Right of revocation of the donor's heir or legal agent] Where the donor died or lost his capacity for civil conduct due to the donee's illegal act, the donor's heir or legal agent may revoke the gift.
    The heir or legal agent of the donor shall exercise the right of revocation within six months from the date when he knows or should know the cause of revocation.

    Article 665 of the Civil Code of the People's Republic of China [Legal consequences of revocation of gift] If the revocation right holder revokes the gift, he may request the donee to return the gift property.

    Article 666 of the Civil Code of the People's Republic of China [Donor's plea of poverty] If the donor's economic situation has deteriorated significantly, which has seriously affected his production, operation or family life, he may no longer perform the gift obligation.

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