Conditional gift and compulsory gift both involve some conditions or obligations in the gift contract, but there are some obvious differences between them.
I. Definition and nature
1. Conditional gift: In the gift contract, the donor attaches certain conditions, so that the recipient needs to meet these conditions after accepting the gift to obtain full property rights.
2. Gift with obligations: In the gift contract, the donor attaches certain obligations and requires the donee to perform these obligations after accepting the gift.
Second, the additional content
1. The conditions in conditional gift can be events or behaviors, such as "the donee can't get the donated property until he finishes his studies".
2. The obligation in compulsory gift is usually a constraint on the recipient's behavior, such as "the recipient needs to take care of his elderly parents".
Third, legal effect.
1. In conditional donation, if the donee does not meet the requirements, the donor may cancel the donation and recover the donated property.
2. In the gift with obligations, if the donee fails to fulfill his obligations, the donor can also revoke the gift, but it may face the burden of proof and the complexity of legal procedures.
Fourth, other differences.
1. Conditional gift focuses more on the constraints of future behavior, while conditional gift focuses more on the constraints of past behavior.
2. In the application of law, conditional gift and compulsory gift may be bound by different legal provisions, and the specific application needs to be judged according to the contents of the contract and relevant legal provisions.
To sum up:
There are obvious differences between conditional gift and compulsory gift in definition, nature, additional content and legal effect. When signing a gift contract, we should choose the appropriate type according to the actual situation and needs, and ensure that the terms of the contract are clear, legal and effective.
Legal basis:
According to the Contract Law of People's Republic of China (PRC), the parties may stipulate conditions or obligations in the contract. For a conditional contract, the parties shall clearly stipulate the content of the conditional and the conditions for its realization. In a contract with obligations, the parties shall clearly stipulate the contents and performance methods of the obligations. At the same time, the relevant provisions of the Contract Law also stipulate the legal responsibilities and remedies for breach of contract. Therefore, when signing a gift contract with conditions or obligations, we should ensure compliance with relevant laws and regulations and protect the rights and interests of all parties.