Identification of Intent to Gift Among Family Members
In cases where the intention expressed in property transfers among family members is unclear,the altruistic nature of their kinship relationship plays a crucial role in determining whether the act constitutes a gift.This altruism can be categorized internally into bloodline and affinity relationships,with the former generally exhibiting stronger altruism than the latter.Within the bloodline,the altruism from elders towards juniors is stronger than that from juniors to elders or between peers.After excluding the possibility of constituting mere social courtesy,part of this altruism has transformed into legal duties or obligations among family members.Only the portion exceeding the legal obligations may constitute a true gift.Therefore,in situations where the intention is ambiguous,the factor of altruism needs to be utilized for judgment.For property transfers among family members that exceed legal obligations or have no legal obligations,they can be characterized as loans,gifts,unjust enrichment,or other types of legal acts by analyzing the presence and intensity of altruism,combined with the interpretation rules of intention expression.Outside the family,the stronger the altruism among family members,the more likely they are to engage in gratuitous actions,which may harm the interests of creditors and lead to the exercise of the creditor's right of revocation,unless it can be proven that these actions are within the scope of performing legal obligations.
万方数据
维普
