He Haoyuan, a lawyer at Yongheng Law Firm, pointed out that when people deal with property between relatives, they must implement it "in black and white" to ensure the rights and interests of both parties. (situational photo)
In response to this property dispute over the donation of a house to half-sisters, the court ruled that the gift should not only be revoked because the bear girl had hurt Zhao girl's father, but also 340,000 yuan must be returned to Zhao girl. He Haoyuan, a lawyer at Yong Heng Law Firm, pointed out that when dealing with real estate, loans or gifts between relatives and friends, they often only make verbal agreements out of consideration for family ties. Once the relationship breaks down, it is easy to fall into the dilemma of difficulty in providing evidence. He calls on the public to implement "in black and white" when dealing with property between relatives to ensure the rights and interests of both parties.
Ms. Zhao advocated giving 100,000 yuan to Ms. Xiong and asked her to move out. She only provided evidence of the two people’s communication software conversation records, but she lost the case because she could not produce other evidence. He Haoyuan analyzed that according to the provisions of the civil law, if the donor wants to require the recipient to perform specific obligations, it is a "burdened gift." If the donee fails to perform, the donor may revoke it in accordance with the law. Zhao Nu gave Xiong Nu 100,000 yuan to move out, which is a "burdened gift." However, the court is very strict when hearing "burdened gifts". If you want to protect your rights and interests, you should sign a formal burdened gift contract and clearly state the breach of contract clauses.
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In addition, Lawyer He said that Article 416 of the Civil Code contains a provision commonly known as the "prevention of unfilial piety". If the donee commits intentional criminal harm to the donor or his direct blood relatives, even if there are no conditions attached to the original gift, the donor still has the right to revoke the donation and recover the property. The recipient must not act impulsively in the face of family friction, so as not to leave a criminal record and face the double loss of property recovery.
As for Ms. Zhao’s claim that when the two parties signed the house sales contract, Ms. Xiong had already paid a deposit of 340,000 yuan to Ms. Xiong. However, after the two parties terminated the contract, Ms. Xiong claimed that the 300,000 yuan had been repaid. He Haoyuan reminded that in civil litigation, the burden of proof lies with the party claiming that “it has been paid off”. Many people think that it is enough to hand over cash in front of a proxy or lawyer. However, if evidence is not established on the spot, witnesses often have blurred memories or cannot testify over time. Therefore, refunds should be given priority to bank transfers with clear cash flow. If cash is paid, the other party must be asked to sign a receipt or sign the termination agreement to confirm personal receipt. Do not rely solely on tacit understanding or oral promises. Only in this way can the rights and interests of both parties be effectively taken into account and to avoid subsequent litigation.
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I gave my sister a room and beat my father violently! My sister angrily cited the "anti-filial piety clause" and filed a lawsuit. The judge ordered her to return the house and cough up another NT$340,000.
