Fan Wen Daquan > Contract Model > Gift Contract Model

Gift contract (1)


1. Format

Gift contract

Party A: ×××
Party B: ×××

Party A and Party B reached an agreement on the issue of giving XXX:

1. Party A presents all of its XX to Party B. The proof of ownership is:

Second, the delivery of gifts



3. If Party B shall not handle the procedures for transfer of ownership within the period of ×××, it shall be deemed as refusing to give.

4. This contract shall come into force on the day of XX.

5. This contract is made in two copies, each party holding one copy.

Party A: ×××

Party B: ×××

××××year×month×day

2. Description

A gift contract is a behavior in which a donor gives away all of his or her belongings, cash, or certain rights. The gift contract is usually a single contract. After the contract is effective, the donor has the obligation to give the gift to the recipient without any rights; the recipient has the right to receive the gift without taking responsibility. The gift may also be conditional, that is, the gifting party requests the recipient to perform certain obligations, and the recipient does not perform the obligation. The donor has the right to revoke the gift. However, such conditions are generally conditions that are not related to the interests of the donor, rather than requiring a free gift. If you give something to someone and ask for a certain amount of money, it is not a gift. Therefore, conditional gifts are still a single act. The issues that should be noted when signing a gift contract are:

The gift must be the property owned by the donor or the property or the right that the donor has the right to do. The donor cannot give property and rights that are not in the possession or that he has no right to deal with. Otherwise, it constitutes an act of infringement of the rights and interests of others. The gift can be a thing, it can be a currency, or it can be a security or a certain right. For example, the patentee can give the patent to others, and the owner of the house can give the house to others.

Where the transfer of rights involves the approval of the relevant department, it shall be clearly stated in the contract. For example, if you donate a house contract, you need to go to the housing management department to handle the transfer of ownership of the house. If you do not go through the formalities, the transfer is invalid.

In the contract, it is necessary to write clearly that the donor has the right to process the certificate of the gift, to ensure that the gift is legal and effective.

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