DavidCadogan.ca Forums » DavidCadogan.ca

legally confirmed the donation contract is valid.

(1 post)
  • Started 10 years ago by sbdjhn3j0

  1. sbdjhn3j0
    Member

    <br>Chongqing BEIJING, January 27 (by Liang Lin) father had made a covenant to half of the property grants live-in girlfriend, after his father died,Fu Wei Gang still adhere to their own behavior. However, his father's daughter sought to withdraw the donation contract. Chongqing Municipal First Intermediate People's Court of Final Appeal has concluded that the gift from the contract dispute, legally confirmed the donation contract is valid.<br> <br>2002, Liu Yanyan Gong Ming and divorced four years began living together. In June 2005, Liu Yanyan Gong Ming signed an agreement with the two sides agreed to Gong Ming is willing to all property owned before marriage there are two sides, such as the two sides failed to marry for other reasons, Gong Ming voluntarily presented half of all property to Liu Yanyan .<br> <br>December 2012,BshbeA5g9x, Gong Ming died, Gong Ming and his wife to the heir born daughter identity Gong Ming made all the property, including three houses located in Jiangbei District in Chongqing,woolrich outlet,the suspect Wang Xiaorui, shops as well as a sedan (saloon after by Gong Xiaojuan to 40,000 yuan price to sell).<br> <br>Liu Yanyan believe, according to their agreement with before, they should share Gong Ming half of the property, after fruitless negotiations with , Liu Yanyan to the court to confirm their requirements for Gong Ming all two houses (the other houses have been set Lingan prosecution), shops and car ownership enjoy half.<br> <br>In the first instance,but surrendered after the incident can take the initiative and truthfully confessed, Gong Xiaojuan argued gift house to the Registrar to prevail, Gong Ming and Liu Yanyan agreement for up to seven years,moncler outlet milano, it has not been for the transfer, indicating Gong Ming did not own the property will be presented to Liu Yanyan of intention and action. And according to the law,woolrich outlet italia, a gift behavior may revoke the gift before the transfer of property, not shown before, although revoke the gift, but as Gong Ming's successor now clear that to revoke the gift behavior.<br> <br>Court of First Instance that, although Liu Yanyan Gong Ming's agreements with valid, but as Gong Ming sole heir, may be invoked to Liu Yanyan Gong Ming defenses in the grant contract. Now expressly revoke the gift behavior,piumini moncler, Gong Ming Liu Yanyan not entitled to half of the property in accordance with the donation contract. Accordingly, the first instance court dismissed the claims of Liu Yanyan.<br> <br>After the verdicts, Liu Yanyan dissatisfied, appeal to one hospital in Chongqing.<br> <br>Chongqing, one in the hospital after hearing that Liu Yanyan Gong Ming's agreements with the lawful and effective, Gong Ming Gong Xiaojuan as heir, should bear Gong Ming debt within the scope of their inherited legacy.<br> <br>Accordingly, the Chongqing Intermediate People's Court on the case to a second trial,holding a gun and a knife, Liu Yanyan commuted to the property dispute in this case a 50% ownership.<br> <br>Judges say: the right to revoke the gift has special properties<br> <br>The case of second instance the judge said the case was the focus of controversy Gong Ming to grant the right to revoke any behavior can be inherited.<br> <br>The judge considered, in addition to social welfare, gift contract the nature of moral obligation disaster relief, poverty alleviation or through external donation contract is notarized, the donor before the transfer of property rights to enjoy any right of revocation. However, the revocation of the right to have special properties, belongs only to the donor,Fei had to return back seat on. Back seat did not take long, others can not enjoy through inheritance. Benefit from in terms of equity and heir of the donor, the donor will be when property gifts to others, has been considered a gift behavior will reduce the heritage value, in case of conflict of interest of the donee and heir, successor if allowed to enjoy any right of revocation,piumini woolrich sito ufficiale,due to over-excitement., the interests of the recipient will not be able to protect, but also would have been contrary to the wishes of the donor.<br> <br>Specific to this case,A congenital dural bulging ba, according to Gong Xiaojuan not inherit any way and enjoy the right to revoke the exclusive Gong Ming, also failed to adduce evidence to prove their legal right to withdraw enjoyment, therefore Gong Mingsheng Gong Xiaojuan bears before liquidation debts within the scope of inheritance obligation. (Text characters are not his real name)<br> <br>(Original title: Father and daughter before his death his girlfriend a gift of property to set aside grant contract failed)<br> (Edit: SN063)<br>

    Posted 10 years ago #

RSS feed for this topic

Reply

You must log in to post.