In fact, the arbitrary cancellation of the gift contract means that the donor can cancel the gift contract at will before the right of the gift property is transferred. So do you know what the current contract is like? I am here to share with you some templates of creditor's rights transfer contracts, hoping to help you.
Template of creditor's rights transfer contract 1 Party A (donor): _ _ _ _ _ _
Party B (donee): _ _ _ _ _ _
Party A and Party B have reached the following agreement on the gift of _ _ _ _ _ _ _:
1. Party A transfers all its _ _ _ _ _ to Party B, and its ownership certificate is:
Second, the delivery of gifts.
Three. Party B shall handle the transfer formalities within _ _ _ _ _ _
Four. This contract will come into effect on.
5. This contract is made in duplicate, with each party holding one copy.
Party A: _ _ _ _ _ _ (signature and seal)
Party B: _ _ _ _ _ _ (signature and seal)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Creditor's Rights Transfer Contract Donor (Party A) Template 2:
Recipient (Party B):
According to the relevant provisions of the Contract Law of People's Republic of China (PRC), Party A and Party B, through consultation, conclude the following gift contract in writing:
Article 1 Name of donated property
Article 2 Nature of Gift
Explain whether it has social welfare nature and moral obligation such as disaster relief and poverty alleviation.
Article 3 the number of gifts
Article 4 Time, place and method of donation
Article 5 Gifts with Obligations
Explain the details of additional obligations.
Article 6 Liability for breach of contract
Article 7 Methods of settlement of contract disputes
Signature of donor (Party A): _ _ _ _ _ _ _
Signature of the donee (Party B): _ _ _ _ _ _ _
Completed in _ _ _ _ _ _ _ _ _
With the development of economy and social progress, people's living standards have been greatly improved. All kinds of household appliances and electronic products are nothing to the present family. Private property has become the common property of every family in the city. With the implementation of the family planning policy in China, most families have only one child, but they own many properties. According to China's traditional thinking, elders want to leave their valuable property to their children, especially grandparents. Because of this, gifts are widely used in social life. Gift notarization is also gradually increasing. Article 4 of the Detailed Rules for the Notarization of Gifts stipulates that the notarization of gifts may take the form of a gift certificate proving the donor, a gift certificate of the donee or a gift contract. A gift book means that the donor unilaterally gives the property to others in written form for free; Letter of acceptance is the act of the donee accepting the gift unilaterally in written form; A gift contract is a written agreement between the donor and the donee on giving away the property for free. This allows the parties to choose which gift notarization method to use according to their actual situation. But these two methods have their own advantages and disadvantages. Let me talk about my own point of view.
First of all, the gift certificate needs to be notarized. Gift contract and gift book are both forms in which the donor gives his property to others free of charge. However, the notarization of the gift contract must be signed by both the donor and the recipient, and the notarization of the gift contract cannot be entrusted. With the increase of international communication, the flow of people is becoming more and more frequent. This makes some people, such as working outside, going to school, or the donee is a person without civil capacity, with weak civil capacity, or the donor is old and not in the place where the property is given. The donee who went abroad to settle down again lost some rights because he could not be present and sign the contract. For example, some donations after the "5 12" earthquake, if the donation contract is passed, the recipients are not specific or there are many people. At this point, it is impossible to complete the gift behavior through the gift contract. But at this time, the gift book just makes up for this and can solve the problem that the gift contract can't solve without considering the space factor. Therefore, the existence of gift books is necessary. The newly promulgated "People's Republic of China (PRC) Contract Law" only stipulates the gift contract, but does not stipulate the gift book and the recipient book, so some people will doubt the effectiveness of the gift book and think that the gift contract is more effective than the addendum book. But I don't think the contract law stipulates the gift book. The content of the gift book is because both the gift book and the gift book are unilateral expressions of the parties and are not within the scope of the adjustment of the contract law. The contract law regulates and adjusts the civil legal acts of both parties, and the legal status and subject status of the donor and the donee in social practice cannot be ignored because of the provisions of the contract law. The Detailed Rules for the Notarization of Gifts confirms the unilateral civil legal acts and the civil legal acts of both parties in two forms: a gift letter, a gift letter and a gift contract. However, some people think that the gift is an offer and the donee is a promise, which should be regulated by contract law. Articles 14 and 16 of the Contract Law stipulate that an offer is an expression of intention to conclude a contract with others and takes effect when it reaches the offeree. However, if the donor gives the gift unilaterally before the donee expresses his intention to accept the gift, the gift certificate will take effect. The gift certificate will not be invalid because the donee has not accepted the gift. According to the Contract Law, acceptance is the expression of the intention of the offeree to agree to the offer. The acceptance shall reach the offeror within the time limit stipulated in the offer, and take effect after being notified and served on the offeror, at which time the contract is established; Letter of acceptance is the recipient's intention to accept the contents of the appendix. Once made, it will take effect immediately, and there is no need to send a notice to the donee to accept the gift. Moreover, the promisor can change the intangible content of the gift, while the donee can't make any changes to the content of the gift. Only acceptable. The disadvantage of gift book and gift book is that they can't meet the purpose of giving and receiving at the same time, and solving the problem of space can't solve the problem of time.
Secondly, the notarization of the gift contract should be the donor's first choice. Article 2 of the Contract Law stipulates that "a contract is an agreement between natural persons, legal persons and other organizations with equal subjects to establish, change and terminate the relationship of civil rights and obligations". On the date of conclusion of the contract, only the relationship of civil rights and obligations will arise, and there will be no legal consequences of the transfer of ownership of the property subject to the contract. The transfer of ownership can only be realized when the actual delivery or change of registration. This raises a question: will the death of the donor affect the validity of the gift contract before the gift contract takes effect and the ownership of the subject matter of the contract is transferred? In my opinion, the gift contract produces the debt of gift property between the donor and the recipient. According to Article 33 of the Inheritance Law, the taxes and debts payable by the decedent according to law shall be paid off, and the payment of taxes and debts shall be limited to the actual value of his estate. If the heir renounces inheritance, he may not bear the taxes and debts that the decedent should pay according to law. In this way, if the donor's heir inherits the inheritance, he shall fulfill the obligations of the gift contract in accordance with the inheritance law. If inheritance is abandoned, the donee can also realize the right of gift contract through other legal channels. A gift is a unilateral legal act in which the property owner voluntarily gives all his property to others for free. Notarization of gift certificates can only prove that the civil behavior of the donor's unilateral gift of property is true and legal, and cannot lead to the transfer of the donated property. When the donor dies, his capacity for civil conduct terminates, and the gift behavior disappears, resulting in no rights and obligations. Even if the gift certificate is notarized, the gift behavior no longer exists, and the donee has no right to ask the donor's heir to perform his obligations for the donor's nonexistent behavior. Unable to obtain donated property.
Thirdly, the gift contract can be attached with conditions, and the property right will be transferred when the conditions are established. The law stipulates that the gift contract can stipulate that the property is only given to the donee, but it does not stipulate whether the gift can stipulate that the property is only given to the donee, so that unmarried couples can have property. However, it is not stipulated whether the gift book can specify whether the property is owned by itself or by one party.
The above superficial view is that I think it is more appropriate to handle the gift contract if conditions permit.
Model Contract for Assignment of Creditor's Rights 4 This Agreement is signed by the following parties on _ _ _ _ _ _:
Party A (donor): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ID number: _ _ _ _ _ _ _ _ _ _ _ _ _
* * * Someone:
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ID number: _ _ _ _ _ _ _ _ _ _ _ _ _
Party B (donee): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ID number: _ _ _ _ _ _ _ _ _ _ _ _ _
Gift witness: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ID number: _ _ _ _ _ _ _ _ _ _ _ _ _
In order to clarify the rights and obligations of both parties in this house donation, Party A and Party B, based on the principle of good faith and in accordance with relevant laws and regulations, hereby conclude this agreement for mutual compliance.
Article 1 Party A decides to build a house in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and Party B agrees to accept the gift. Party A guarantees that it has the ownership of the above-mentioned house. As the property donated by Party A belongs to * *, the donation behavior is confirmed by * * and this donation contract is signed.
Article 2 Party A guarantees that there is no improper purpose in this gift, and Party A has informed Party B of all precautions including defects (but Party A does not guarantee that this gift is completely flawless). If there is any concealment, Party A shall be liable for the losses caused by Party B's donation.
Article 3 According to the law and Party A's requirements, Party B guarantees that the house will not be used for illegal purposes (or other matters agreed by both parties) or other matters. If Party B uses the donated property to engage in illegal activities, Party A has the right to cancel the donation and recover the donated property.
Article 4 After this agreement comes into effect, Party A shall deliver the above-mentioned house to Party B within _ _ _ _ _ _ _ years. In addition, Party B shall assist Party B to handle the change registration formalities with the relevant real estate management departments within _ _ _ _ _ _.
Article 5 Party B does not need to pay any fees to Party A, but the fees related to the delivery of the above-mentioned house, including the fees for handling the relevant formalities in the relevant real estate management departments and the relevant deed tax, shall be borne by Party B.. ..
(If there are additional conditions in the gift agreement, please fill in the additional agreement here. )
Article 6 When the donated house has not been delivered, the donor's economic situation has deteriorated significantly, and the contract may be modified or terminated. However, the economic losses caused by the donee's belief in the donor's gift behavior may be appropriately compensated.
Article 7 In any of the following circumstances, the donor may revoke the gift:
(1) The donee fails to perform the obligations stipulated in the gift contract.
(2) seriously infringing upon the interests of the donor or his close relatives.
Article 8 Any dispute arising from the performance of this Agreement shall be settled through consultation. If negotiation fails, either party may bring a lawsuit to a court with jurisdiction.
Article 9 After this Agreement comes into effect, both parties shall abide by it. If one party breaches the contract, it shall bear the liability for breach of contract. The defaulting party shall compensate the other party for all losses incurred due to the performance of this contract.
Article 10 This Agreement is made in duplicate, each party holds one copy, which has the same legal effect. This agreement shall come into effect after being signed by both parties.
Party A: (signature) _ _ _ _ _ Party B (signature): _ _ _ _ _ _
20__ _ _ _ _ 20__ _ _ _ _ _ _
Real estate gift contract 3
Party A (donor): _ _ _ _ _ (specify name and address) Address: _ _ _ _ _ _
People who have read the Real Estate Gift Contract also read:
Valid ID number: _ _ _ _
Party B (donee): _ _ _ (specify name and address)
Address: _ _ _ _
Valid ID number: _ _ _ _
Party A voluntarily donates all its real estate to Party B. According to the Contract Law and other relevant laws and regulations, both parties voluntarily reach the following agreement on real estate donation:
Article 1: Party A voluntarily donates its house property to Party B, and Party B voluntarily accepts the house. The details of the house are as follows:
(a) located in _ _ _ _ _, with a construction area of _ _ _ _ square meters;
(2) The ownership certificate number of the donated house is _ _ _ _ _;
(3) See Annex I for the floor plan of the house and its surrounding areas.
(four) the way to obtain land use rights
The land use right within the occupied area of the house shall be donated together with the house.
The relevant rights and interests of the house shall be donated together with the house.
Article 2: Due to Party A's reasons, all the house payment and taxes of the property have been paid by Party B on behalf of Party A, and Party A has purchased the property and obtained the property ownership certificate of the property. After negotiation, Party A is willing to hand over the house to Party B and actively assist Party B when it can handle the transfer formalities.
Article 3: Party A guarantees that the ownership status and other specific conditions of the house are complete before the signing of this gift contract and during the period from the signing of this contract to the completion of transfer, and the house has not been pursued by others according to law.
Article 4: Without the consent of Party B, Party A shall not mortgage, resell or lease the house to others, otherwise the mortgage, resale or lease will be invalid. If Party B is unable to obtain the donated property due to the above acts, Party A shall compensate or refund all the house payment and other taxes paid by Party B on its behalf.
Article 5: Party A gives Party B the real estate, and this contract is irrevocable after being signed by both parties and notarized by the notary office.
Article 6: When Party B can handle the transfer formalities of the house, Party A shall actively assist Party B to handle the transfer formalities as agreed.
Article 7: Party A and Party B are scheduled to formally transfer the house on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ If Party A fails to perform the above obligations according to the regulations, it shall be liable for breach of contract according to the following agreement:
Article 8: Party A and Party B confirm that although the ownership certificate of the house is not recorded, the obligee who has rights to the house according to law has agreed in writing to give the house to Party B.. ..
Article 9: For matters not covered in this contract, Party A and Party B may separately sign supplementary clauses or supplementary agreements. Supplementary clauses or supplementary agreements and annexes of this contract are an integral part of this contract.
Article 10: This contract shall come into effect as of the date when both parties sign it and notarize it in the notary office.
Article 11 Any dispute between Party A and Party B during the performance of this contract shall be settled through negotiation. If negotiation fails, the case shall be submitted to Beijing Arbitration Commission for arbitration.
Article 12: This contract is signed on _ _ _ _. Among them, Party A holds _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 13: Party A and Party B agree on the following supplementary terms:
Annex I
Text: Building plan.
Party A (signature): _ _ _ Party B (signature): _ _ _
Certificate ID number: _ _ _ _ _ Certificate ID number: _ _ _ _
Address: _ _ _ _ _ _ Address: _ _ _ _ _ Address
Tel: _ _ _ _ _ Tel: _ _ _ _ _ Tel
Date of signature: 20 _ _ _ _ _
Template 5 of creditor's rights transfer contract: Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _______________,
Female, born on _ _ _ _ _ _ _ _ _.
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _, male, born on _ _ _ _ _ _ _ _.
Party A's _ _ _ _ _ _ _ _ _
According to the Civil Code and other relevant laws and regulations, the two parties reached the following gift agreement:
Rule number one. Cash: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ cash \
Article 2. Purpose of donated property: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Cash _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 3 Time, place and method of delivering donated property: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
1. Delivery time: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. Delivery place: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. Delivery method: _ _ _ _ _ _ _ _ _ _ _ _ Party A sends the donated cash by bank card (Party A opens an account in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The card number is _ _ _ _ _ _ _ _ _ _ _ _ _), And transfer to _ _ _ _ _ _ _ _ (the name of the house down payment transaction account is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4. After receiving the property donated by Party A, Party B shall issue a legal and valid receipt to prove that it has received the donated money.
Article 4. Matters needing attention in gift contract
1, the content of the gift contract should be specific and clear. Gift contracts mainly include: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. From the donor's point of view, if the gift behavior may be revoked before the delivery of property or the transfer of rights, it is recommended not to notarize the gift contract, because once notarized, it will be difficult to revoke it; From the perspective of the donee, if you are worried that the donor will cancel the gift before the transfer of the donated property rights, you should actively persuade the donor to notarize the gift contract.
3. If the donor has certain requirements for the donee when giving the property, it can be used as a gift condition. If the donee fails to meet the conditions proposed by the donor, or the donee's behavior makes the donor dissatisfied, the donor may refuse to perform the gift obligation for just reasons.
4. If the donated property needs to go through the registration formalities according to law, the contents of relevant formalities shall be agreed.
5. The donor shall explain the defects of the donated property in the gift contract, otherwise he shall be liable for the losses caused by the donee.
Article 5. This agreement is made in duplicate, one for each party.
Party A: _ _ _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _ _ _ _ _
date month year
Gift agreement (15). document
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