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The pledge "lifetime" to enjoy half of the property rights is not valid
Author:admin Time:2017-09-29

The father gave away half of the property to his son, and the son asked his father to keep the promise of gift. Recently, the people's court of yushui district in xinyu, jiangxi province, examined the case of liao jia's lawsuit against the defendant, liao yi, and the court rejected the lawsuit filed by liao jia.

Liao yi and lu mou were divorced in 2005. Liao jia lived with his mother lu. In 2011, liao yi bought a set of commercial housing in the kaiguang community in xinyu city, and registered his name in his name. 2013 defendants Liao Yi remarried, learned Lv Mou Liao Yi remarried, worry Liao Yi remarried children will split Liao Yi property, so many times to find Liao Yi, requiring Liao Yi to Triassic park KaiGuang Liao Jia village houses gave son, has written commitment Liao Yi helpless: "xinyu Triassic park KaiGuang district commercial housing, son Liao Jia lifelong half property rights, are protected by law... ". After receiving the promise, lv yi, as the guardian of liao jia, asked liao yi to fulfill the promise of the gift and pay half of the house money to his son, liao jia. Liao Yi think son Liao Jia or minors, but now has no use for such a big sum, Liao Yi considered Lv Mou you want house money and deliberately in the name of the son to charge his house money, so the Liao Yi rejected Lv Mou requirements. Lu mou, in order to get the house, in the name of the son liao jia to bring a lawsuit to the court.

The court of first instance said that liao yi had made a commitment to liao jia to give a half of the property to liao jia, and that the relationship between liao jia and liao b had formed a gift contract and should be protected by law. However, according to the property law, the gift contract shall be subject to a practical contract and the gift shall be registered in accordance with the law, and the donor shall have the right to be effective, unregistered and not legally effective. Liao yi promised to give half of the property to liao jia, but failed to register the property right in the property department, and the gift contract did not have legal effect. Therefore, liao jia's complaint could not be supported by law.