Xiao Guo is the son of Guo and Zhang. At the end of 2011, Guo and Zhang's original place of residence was demolished, and the two donated a set of demolition and replacement houses to their son Xiao Guo and registered it in Xiao Guo's name. However, after that, the couple and Xiao Guo had a conflict over trivial matters, and Xiao Guo not only did not support his parents but also beat his mother Zhang. The old couple then sued their son to the court and demanded that the real estate gift to their son Xiao Guo be revoked.
According to the Law on the Protection of the Rights and Interests of the Elderly, children shall fulfill their obligations to provide financial support, daily care and spiritual comfort to the elderly, and take care of the special needs of the elderly. In the case, instead of complying with his legal obligation to support his elderly parents, Xiao Guo beat the elderly because of trivial conflicts. The crow knows how to feed back, and the lamb knows how to kneel and suckle. Xiao Guo's behavior runs counter to our traditional virtue of respecting the elderly, and even violates the provisions of relevant laws.
So can Xiao Guo's parents revoke the real estate gift to the "unfilial son"?
1. What are the circumstances under which the donor can revoke the gift?
Giving is an act of making others gain pure benefits. If we give a gift to someone else, we have to endure the other person's ungrateful behavior, which is obviously not in line with our cognition. Therefore, the Civil Code provides for three circumstances under which a gift can be revoked:
1) Seriously infringing upon the lawful rights and interests of the donor or the donor's close relatives.
As a beneficiary, the person who receives the gift should not only infringe upon the legitimate rights and interests of the donor, but also should not infringe upon the legitimate rights and interests of the donor's spouse, parents, children, siblings, grandparents, grandchildren, and grandchildren.
2) There is an obligation to support the donor and does not perform it.
If the husband and wife have an obligation to support each other but do not perform it, or refuse to support the elderly like Xiao Guo, it is a situation where the donor can revoke the gift.
3) Failure to perform the obligations agreed in the gift contract.
When the gift contract stipulates obligations, the donee should actively complete them, otherwise they may face the situation of the other party revoking the gift.
2. What should be paid attention to in exercising the right to revoke the gift?
For the above three circumstances, the donor shall exercise the right of revocation within one year from the date on which he knows or should know the reason for revocation. If Xiao Guo's parents want to revoke the gift to their son and get back the house they have already given away, they should exercise the right of revocation within one year after the son fails to fulfill the maintenance obligation or is beaten by the son.
In life, it often happens that the elderly distribute their property to future generations in the form of gifts, but there are always people who do not miss the good of their parents, regard the elderly and sick as a burden, and do not fulfill their maintenance obligations but often beat and scold, which is chilling. At this time, the elderly should exercise the right of revocation in time to protect their property. If complex and controversial situations are involved, you can also actively seek professional help to effectively protect your legitimate rights and interests.