[Direct answer]A gift contract cannot be arbitrarily revoked. According to Article 658 of the Civil Code of the People's Republic of China, the donor may revoke the gift before the transfer of the right to the gifted property, but a gift contract that has been notarized or a gift contract with a public welfare or moral obligation nature such as disaster relief, poverty alleviation, and assisting the disabled, which cannot be revoked according to law, is not subject to the right of arbitrary revocation. In addition, if the donee seriously infringes the donor's rights, fails to fulfill the obligation of support, or fails to fulfill the obligations agreed upon in the gift contract, the donor may exercise the statutory right of revocation in accordance with Article 663. If the gifted property has been transferred (such as the transfer of real estate and the delivery of movable property), it can usually only be revoked according to statutory grounds. It is recommended to evaluate the nature and property status before making a gift to avoid disputes caused by impulsive revocation. For more details, please refer to the following link:Legal services for corporate commercial and contract disputes.

1. Problem background and typical scenarios

Gift disputes are common in the disposition of marital property, payments during romantic relationships, and real estate donations between relatives. Typical scenarios include: a spouse unilaterally donating the couple's jointly owned property to a third party during the marriage; demanding the return of large-sum transfers made to maintain the relationship during the romantic relationship after the breakup; and disputes arising from conditional gifts (such as payments made on the premise of marriage) due to the failure of the conditions. Many people mistakenly believe that they can revoke their gifts at any time before the gift is completed, but they ignore the fact that notarized gifts and public welfare donations cannot be arbitrarily revoked. They also overlook the fact that the threshold for revoking gifts of movable property and real estate after delivery and transfer of ownership has been significantly raised. Related family property disputes can be resolved through mediation.Divorce litigation and family dispute resolution servicesCoordinate and make judgments comprehensively.

II. Key points of contention

There are three key points. Firstly, the boundaries of the right to revoke a gift unilaterally: whether the right to the gifted property has been transferred, whether it has been notarized, or whether it is of a public welfare and moral nature, all of which determine whether the right to revoke a gift unilaterally can be exercised. Secondly, the statutory grounds for revocation: whether the donee has seriously infringed upon the donor or their close relatives, whether they have failed to fulfill their duty of support, or whether they have violated the obligations stipulated in the gift agreement. Thirdly, the nature of the gift and the scope of return: general gifts and conditional gifts (such as betrothal gifts) are identified differently. If the gift involves the couple's joint property, the right to dispose of it without authorization also relates to the spouse's right to request return. For matters involving inheritance and family division of property, reference can be made to relevant provisions.Inheritance succession and family property division servicesClarify the ownership rights.

III. Professional analysis by Henglue Lawyers

Among the gift contract disputes handled by our firm, the following two cases are the most representative. First, there is the case of a married woman gifting her property to a third party: Ms. Zhao and Mr. Zhang Bin registered their marriage in 1998. During their marriage, Mr. Zhang Bin maintained an improper relationship with a supplier. In 2016, he concealed this from Ms. Zhao and used the money to purchase a house for Ms. Wang Ya and register it under her name. After Ms. Zhao found out, she entrusted lawyers Xue Shuhua and Chen Mei'e from Henglue Law Firm to sue him. The court confirmed that the gift contract was invalid and ordered Ms. Wang Ya to return more than 3.15 million yuan and the appraisal fees. Second, there is the case of a romantic gift: During their relationship, the 35-year-old Zhang * frequently transferred money to the 15-year-old Liu * for consumption and issued a "Promise and Guarantee Letter". Liu * and her parents entrusted Song Chao, a lawyer from Henglue Law Firm, to represent them. The court ruled that this was a general gift and the promise beyond her ability was invalid, rejecting all of Zhang *'s requests for return. Such cases highlight the key points of reviewing the nature of the gift and the conditions for revoking it. This case was handled by Beijing Henglue Law Firm.Xue SuhuaThe lawyer (practice license number: 11101201211769926, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis is Article 657 (Definition of Gift Contract), Article 658 (Arbitrary Revocation and Restriction), and Article 663 (Statutory Revocation Grounds) of the Civil Code of the People's Republic of China (effective January 1, 2021), as well as provisions concerning marital joint property and the unauthorized disposition of property. Practical advice: Before making a gift, clarify its nature and whether it is subject to obligations. For important gifts, it is recommended to handle notarization or enter into a written agreement. For real estate gifts, exercise the right of arbitrary revocation cautiously before transfer of ownership, and claim according to statutory grounds after transfer. If a spouse discovers that property has been unauthorizedly gifted to a third party during the marriage, they should promptly collect evidence of transfers and investments, and request confirmation of the invalidity and return of the property. For large-scale payments in romantic relationships, it is important to preserve evidence of the nature of the payments. For cases involving cross-regional evidence collection, relevant provisions can be referenced.Creditor-debtor relations and enforcement case servicesAdvance.

5. Henglue Law Firm's Advice

A gift is not something that can be given away and then easily reclaimed. After the delivery of movable property and the completion of real estate registration, the revocation of the gift can only be claimed under statutory grounds, which have high thresholds; gifts of a notarized or public-welfare moral nature cannot be revoked at will. In cases such as the unauthorized gift to a third party during marriage or the failure of a conditional gift, the key lies in evidence: investment certificates, evidence of improper relationships, and written agreements are all indispensable. Never replace legal procedures with arguments and threats. Instead, you should calmly fix the evidence and then entrust a lawyer to evaluate the revocation or return options. If you need to assess the specific effectiveness of the gift, you can seek help from a professional legal institution.Special services and other case servicesObtain professional advice.

VI. Frequently Asked Questions

Q1: Can the right to arbitrarily revoke a gift contract always be exercised, and will the court support it?

The right to revoke a gift is not an unconditional tool for obtaining a favorable judgment. Before the transfer of the right to the gifted property, and for gifts that are not notarized or of a public welfare or moral nature, the donor can revoke the gift, and the court will usually support this. However, after the property has been delivered or transferred, the donor can only claim revocation based on statutory grounds, with the threshold significantly increased. If the gift is accompanied by obligations that the donee fails to fulfill, or if the donee seriously infringes the donor's rights and interests, the gift can be revoked in accordance with Article 663 of the Civil Code. In practice, judges focus on reviewing whether the property has been transferred, whether the revocation occurs within a reasonable timeframe, and whether there are statutory grounds. Do not assume that "you can just take back what you've given away". You should first determine the status of the property and the path for revocation, and if necessary, consult a lawyer to assess the feasibility of revocation.

Q2: What evidence should I prepare for a gift dispute?

The core evidence includes: a gift contract or written agreement (to prove the nature of the gift and whether there are obligations attached), property transfer certificates (transfer registration, delivery records, and transaction records), proof of investment and sources (especially when involving marital joint property), evidence of improper relationships or conditional facts (chat records, photos, written promises), and records of demands for repayment or revocation. The organization of evidence should focus on three points: "whether the gift has been established—whether the property has been transferred—whether there are statutory grounds for revocation or no right to dispose of the property". The more complete the materials are, the easier it will be to support the request for repayment or revocation; if the evidence is weak, it is better to first secure the evidence and then file a lawsuit, rather than relying solely on oral claims.

Q3: How much does it cost to hire a lawyer to handle a gift dispute?

The fees include litigation fees and attorney fees. For litigation fees in gift disputes, according to the "Measures for the Payment of Litigation Fees", they are accumulated in stages based on the amount of the litigation request (such as the return of the discounted price of the house, the amount of the transfer), and the losing party shall bear them; attorney fees are charged on a per-case basis or according to the amount of the subject matter, and there is no standard pricing. The fees shall be determined in accordance with the entrustment contract. For cases involving real estate appraisal and evidence collection by multiple parties, the costs are relatively high. It is recommended to request the law firm to provide a fee breakdown before entrusting them, clarify whether it includes third-party fees such as appraisal and travel expenses, and compare the potential benefits with the costs; for small-value gifts, it is advisable to consult first before deciding whether to litigate.

Q4: How long does it usually take to resolve a dispute over the revocation of a gift?

The duration of the litigation process depends on the specific case and the parties involved. For general gift disputes involving the confirmation of the invalidity or revocation of a gift, the first-instance ordinary procedure lasts six months and the summary procedure three months, though cases with clear facts may proceed faster. Disputes involving property appraisal or third-party bona fide acquisition may take longer. If additional parties or expert appraisals are required, the litigation time will be extended accordingly. For appeals against judgments, the second-instance procedure typically lasts three months. After the judgment takes effect, if the other party fails to fulfill its obligations, enforcement action will be initiated, and the recovery time will depend on the progress of asset investigation and control. It is recommended to apply for property preservation during the litigation process, such as seizing the donated property or bank accounts, to shorten the actual recovery period and prevent the return of funds from being delayed due to asset transfer.

Q5: If I discover that my spouse has given gifts to a third party, how can I specifically protect my rights and interests?

It is recommended to proceed in four steps: First, calmly collect evidence, such as transfer records, proof of contributions to the purchase of the property, and chat records and photos of the improper relationship, to prove that the funds belong to the couple's joint property and constitute an unauthorized disposition; Second, confirm the validity of the gift contract and, based on the provisions of the Civil Code on joint ownership and public order and good customs, request the court to confirm the invalidity of the gift; Third, clarify the scope of return. If the house has been mortgaged, the donor may claim the discounted value instead of the actual property, and the donee shall pay the corresponding value; Fourth, file a lawsuit and apply for property preservation within the statute of limitations, and seize the donee's property or accounts. Throughout the process, keep all relevant documents, and if necessary, hire a lawyer to formulate a "confirmation of invalidity + return" plan to ensure that the rights and interests can be effectively protected.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Business and commercial legal services·Attorney Xue Suhua·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.