As long as the donor has civil capacity, voluntary donation of property does not violate public order and good customs, and it will take effect after being signed by both parties. The real estate gift contract is valid without notarization, but notarization can prevent the donor from canceling it at will. The entry into force of the contract requires the actor to have civil capacity, express his intention truly, and not violate the law, public order and good customs. The contents of the contract shall not violate the law and shall not harm the interests of others and the interests of the state and society. Whether the gift agreed in the contract can be revoked depends on the revocation with cause and the revocation without cause. The specific circumstances include that the donor seriously infringes upon the rights and interests of the donee, fails to perform the maintenance obligations and fails to perform the contractual obligations.
The contract effect meets the following requirements:
First of all, the parties must have corresponding civil capacity.
As a party to a contract, a natural person must have the capacity for civil conduct stipulated in the Civil Code. That is, the natural person as the subject of the contract should be a natural person with full capacity.
As the main body of a contract, a legal person and an unincorporated organization have different capacities. Legal persons and unincorporated organizations have legal effect only if they engage in economic activities within the registered and approved business scope. Legal persons and unincorporated organizations are protected by law only if they sign contracts within their business scope.
Second, meaning is truth.
Expression of will and true expression are the effective conditions of all civil legal acts.
If the parties to a contract are untrue in their expression of will, or resort to fraud or coercion, or take advantage of others' danger, or evade the law, or violate the true expression of will, the contract will not have legal effect.
Third, it does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
The content and purpose of the contract shall not violate the mandatory provisions of national laws and regulations; Without the provisions of laws and regulations, it shall not violate the prohibitive provisions of relevant state regulations. At the same time, the content and purpose of the contract shall not harm the interests of others or the interests of the state and society.
In addition, if the law clearly stipulates, the contract should also conform to the statutory form.
To sum up, the property gift contract signed according to law does not need notarization and has legal effect. Notarization is not a condition for the validity of a contract. However, the donor cannot cancel the notarized gift contract at will.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 143
A civil juristic act that meets the following conditions is valid:
(1) The actor has corresponding capacity for civil conduct;
(2) the meaning is true;
(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.