Back律師提醒親屬間財產處理須白紙黑字 附負擔贈與與防不孝條款成關鍵
律師提醒親屬間財產處理須白紙黑字 附負擔贈與與防不孝條款成關鍵
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自由时报yesterdayLaw2 min readChinaView translation

律師提醒親屬間財產處理須白紙黑字 附負擔贈與與防不孝條款成關鍵

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針對同母異父姐妹房屋贈與糾紛,法院因受贈人傷害贈與人生父而撤銷贈與並命返還34萬元。律師何皓元指出,親屬間財產處理應以書面契約為主,並說明附負擔贈與與民法防不孝條款的適用條件,提醒現金交易需留存書面證據以避免舉證困難。

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文章描述一起同母異父姐妹間的房屋贈與糾紛,受贈人因傷害贈與人生父被法院適用民法防不孝條款,導致贈與被撤銷並須返還金額。

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詠衡律師事務所律師何皓元指出,民眾處理親屬間財產,須落實「白紙黑字」以確保雙方權益。 (情境照)

針對這起同母異父姐妹房屋贈與的財產糾紛,法院因熊女傷害趙女生父,判決不僅撤銷贈與,還須返還趙女34萬元。詠衡律師事務所律師何皓元指出,親友間處理不動產、借貸或贈與時,往往因顧及親情而僅作口頭約定,一旦感情破裂便極易陷入舉證困難的窘境,呼籲民眾處理親屬間財產,須落實「白紙黑字」以確保雙方權益。

趙女主張給熊女10萬元,請她搬走,僅提出2人的通訊軟體對話紀錄佐證,因拿不出其他證據而敗訴。何皓元分析,依民法規定,贈與人若欲要求受贈人履行特定義務,屬於「附負擔之贈與」,受贈人若未履行,贈與人得依法撤銷,趙女給熊女10萬元搬走,屬於「附負擔之贈與」,但法院審理「附負擔之贈與」時極為嚴格,若欲保障權益,應簽署正式的附負擔贈與契約書,並明確載明違約條款。

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此外,何律師表示,民法第416條設有俗稱「防不孝條款」的規定,受贈人若對贈與人或其直系血親有故意犯罪傷害行為,即便當初贈與未附帶任何條件,贈與人仍有權撤銷贈與討回財產,受贈人面對家庭摩擦切莫一時衝動動手,以免留下刑事前科又面臨財產被討回的雙重損失。

至於,趙女主張雙方簽房屋買賣契約時,已支付熊女34萬元訂金,但雙方解約後,熊女主張已還款30萬元,何皓元提醒,民事訴訟上由主張「已清償」的一方負擔舉證責任。許多民眾以為在代書或律師面前交付現金即可,但若未當場立據,時間一久證人往往記憶模糊或無法作證,因此退款應優先採用金流明確的銀行轉帳,若交付現金,則務必要求對方簽署簽收單或於解約協議書上簽章確認親收,切勿單憑默契或口頭承諾,才能有效兼顧雙方權益,避免衍生後續訴訟。

相關新聞請見:

送房給姊姊竟暴打老爸! 妹怒引「防不孝條款」提告 法官判還房再吐34萬

Open Questions

  • 趙女與熊女的具體年齡是多少?
  • 傷害事件發生的具體時間與地點為何?
  • 法院是否有提供完整的判決書內容供參考?

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