Before Grandma Liu moved into the nursing home, she handed over her only 200,000 yuan of savings to her son Xiaogang for safekeeping. Later, when Grandma Liu asked Xiaogang for it, she was refused, on the grounds that the deposit was a gift from Grandma Liu, and she also took out a printout of the gift agreement with Grandma Liu's handprint. The old man has never signed this agreement, what should Grandma Liu do?
-- You can sue Xiao Gang to return the money in custody.
Article 143 of the Civil Code: Civil juristic acts that meet the following conditions are valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. According to the provisions of this article, the expression of intent is a requirement for the establishment of a civil juristic act, and a valid civil juristic act should be an act of expressing true intent. In this case, Xiao Gang was only able to provide a printout of the gift agreement containing Liu's handprint, and in the absence of other evidence to support it, the agreement was in principle an isolated piece of evidence. This evidence is not sufficient to prove that the content of the agreement is the true expression of Grandma Liu's intentions, and it cannot be proved that the money is a gift from Grandma Liu to Xiaogang. Therefore, Grandma Liu can request Xiaogang to return it based on the custody contract.
The Civil Code - an encyclopedia of social life
Broadcast Production: Guo Lan
Article source: original · Jilin News Comprehensive Broadcasting
Editors: Guo Lan, Wang Haoyi
Review: Hao Zili
Producer: Zhao Min, Zhong Xiao
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