The son's daughter -in -law refused to return to the House Court's decision -making contract invalid

Recently, a 93 -year -old man came to the Kunming Road Court of the Yanta Court, and sent a banner of "justice and the warmth of the people" that wrote a "justice to break the difficult case and love the people".

When the plaintiff Liu was 90 years old, he considers that he was old, and had a good relationship with his younger son and hoped that his younger son would be sent to his elderly. The mother and son signed the "Surprint of the Stock House". With the young son who did not pay the house, the old lady Liu gave the house to the younger son. Who knew that shortly after the transfer, the younger son was found to have cancer and died the following year. Afterwards, because the above -mentioned house was the only house of the plaintiff, the plaintiff was unwilling to be pushed by the defendant (the younger son's wife), so he negotiated with the defendant many times. He hoped that the daughter -in -law would return the house, but the defendant did not agree to the transfer to the plaintiff to the plaintiff again to the plaintiff. The plaintiff then sued to the Yanta Court, hoping that the defendant would cooperate with the house to transfer to himself.

Considering that this case is a family dispute, the former defendant is a relationship between mother -in -law and mother -in -law, and the plaintiff is also 93 years old. Compensation, but the defendant still refused to transfer the house to the elderly.

After the mediation was unsuccessful, considering that the younger son did not pay any consideration, and the only house involved in the house involved in the case was the only house of the elderly in the case, the Yanta Court determined in accordance with the law: the plaintiff and his younger son signed the "Behavian Housing Sale Contract" for false buying and selling and selling and selling. The form of the contract hides the meaning of the real gift contract. Therefore, the contract should be invalid, and the two parties should be established with a conditional gift contract relationship. It has been unable to fulfill its support obligations in other places for a long time. Therefore, the conditions attached to the contract cannot occur. The gift of the gift contract between the two parties does not have legal effect. At the same time, it is also proposed that the defendant can continue to carry forward the traditional virtues of the Chinese nation who respects the elderly and love the young, and get along with the plaintiff in harmony, so that the elderly will settle in their old age.

China Business Daily reporter Ning Jun

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