House donation refers to a civil legal act in which one party (the donor) voluntarily gives all his houses to others (the donee) for free, and others are willing to accept them. The parties to a house donation shall conclude a written contract.
Legal characteristics of legal gift;
(1) The house donation contract is a unilateral contract and a free contract.
The donor voluntarily and unilaterally undertakes the obligation to give the house to the other party for free, but does not enjoy the right of reciprocity; The donee has the right to accept the house donated by the other party for free, and generally does not bear legal obligations. Even if the donee attaches some obligations when accepting the gift, these obligations are not at the expense of the rights obtained.
(2) The house gift contract is a practical contract.
The donor must actually deliver the donated house to the donee. After the donee accepts the donated house, the civil legal act of house donation is completed and the contract takes effect. However, after the physical delivery, the gift may not be withdrawn. If there is a dispute over the donor's withdrawal of the gift, the donee may request the people's court to make a ruling.
(3) The house gift contract is a necessary contract.
House gift, like house sale, belongs to the transfer of ownership. In accordance with the Regulations on the Administration of Urban Private Houses, all certificates shall be submitted when the transfer is registered.