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What should I do if the house property is not transferred after notarization? Can the gift contract

Gift house is a way of property transfer. It is an activity based on the voluntary premise of both parties. Like the general contract, the gift house contract can also be revoked. What should we do if the real estate gift has not been transferred after notarization? Can the gift contract without transfer be revoked? Come and have a look.

Can the gift contract notarized but not transferred be revoked?

The contract law stipulates that in general, the donation contract cannot be revoked when the right of the donated property is transferred. For the general donation of property, whether the property right is transferred is usually determined by whether the property is delivered or not. However, for the donation of real estate, because the real estate is registered to confirm the ownership right, the transfer of the property right is subject to whether the transfer procedure is carried out. General principles of civil law of the people's Republic of China

Article 128 of the opinions on Several Issues (for Trial Implementation) stipulates that the establishment of the donation relationship between citizens shall be subject to the delivery of the donation. If the donation house has gone through the transfer formalities according to the written donation contract, the donation relationship shall be recognized as established; if the transfer formalities have not been gone through, but the donor has handed over the property right certificate to the donee according to the written donation contract, and the donee has occupied and used the house according to the donation contract, the donation can be recognized as valid, but the donee shall be ordered to go through the transfer formalities. 'this article stipulates that the establishment of the donation relationship shall be subject to the delivery of the donation. It also stipulates that if the real estate has not been transferred but the real estate certificate has been handed over to the donee and the donee has occupied and used the house, the donation can be regarded as valid. In general, the contract law stipulates that 'the transfer of the right of the gift property cannot be revoked'. The transfer of the right of the gift property is regarded as the standard for the establishment of the gift contract, which is slightly different from the provisions of the opinions on some issues in the general principles of civil law.

The contract law was promulgated and implemented by the Standing Committee of the National People's Congress in 1999, while the Supreme People's Court on implementation & lt; The opinions on some issues of general principles of civil law of the people's Republic of China (for Trial Implementation) is a judicial interpretation issued by the Supreme People's court and implemented in 1987. According to the principle that the upper law is higher than the lower law and the new law is superior to the old law, the provisions of the contract law shall prevail. Therefore, in order to confirm whether the real estate donation is established, according to the provisions of the contract law, it is necessary to complete the transfer procedure and transfer the right before it is established, while the real possession and use but no transfer can not be deemed as the establishment of the donated real estate. Before the gift contract is established, the contract can be revoked, but the contract law also provides for several irrevocable situations.

Article 186 of the contract law of the people's Republic of China stipulates: 'the donor may revoke the gift before the transfer of the right of the gift property. The provisions of the preceding paragraph shall not apply to gift contracts with the nature of social public welfare and moral obligations such as disaster relief and poverty alleviation or notarized gift contracts. 'it can be seen that in general, the gift property can't be revoked as long as the right is transferred, but there are several exceptions. According to this article, a notarized gift contract can't be revoked. Unless there are several legal revocable reasons, article 192 of the contract law of the people's Republic of China stipulates: 'if the donee has one of the following circumstances, the donor can revoke the gift:

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

(2) Having the obligation to support the donor but failing to perform it;

(3) Failing to perform the obligations stipulated in the gift contract. In case of the above legal reasons, the donor can propose to cancel the donation no matter what form the donation contract is established, whether it has been donated by the public or whether it has completed the delivery.

To sum up, according to the provisions of the contract law, the notarized real estate gift contract is generally irrevocable, but because the property ownership is subject to the registration, the owner of the real estate registration can buy and sell the house. Although the donee can maintain the rights and interests according to the gift contract, there is a certain legal risk to the donee if the real estate transfer is not handled in time.

Can the gift real estate contract notarized but not transferred be revoked? According to the law, it can be revoked, but according to the relevant provisions of the contract, not all contracts can be revoked, depending on the specific situation, the donor can exercise the revocation right in some cases, if you have any questions? You can consult lawyer 365 Zhaoqing.