When neither parents and adult children have no clear meaning，How should parents invest in the purchase of houses for adult children? This，The theoretical and practical community has two main points: First, this type of capital contribution is characterized as "loan"，Second, it is qualitative to "gift"。I think，The former is worth questioning，The latter is more appropriate。

　　bet365 live casino games

First，"Loan theory" provides "Several Issues of the Supreme People's Court on the Application of Laws on Civil Loan Cases" (hereinafter referred to as the "Interpretation of the Judicial Interpretation of the Civil Loan") as a legal basis，Not appropriate。Actually，Article 16 of the "Interpretation of the Ministry of Civil Loan" did not exempt the parents' claim that the contribution of the contribution is the liability for the loan relationship。This provision stipulates: "The plaintiff filed a civil lending lawsuit in accordance with the transfer voucher of financial institutions，The defendant's defense transfer system to repay the previous borrowing or other debt，The defendant shall provide evidence proof of its claims。The defendant provided the corresponding evidence to prove its claim，The bet365 live casino games plaintiff should still bear the responsibility for proof of the establishment of the loan relationship。""，In the case where parents only provide transfer vouchers，Directly determine the formation of loan relationship between parents and adult children，Obviously insufficient evidence。

Next，"Loan theory" violates the consistency of the system logic。"Parents' capital contribution for adult children to buy a house" and "the capital contribution of parents for adult children and marriage targets" is essentially similar，Have a basis for pushing a push。"Explanation of the Supreme People's Court on the Application of the" People's Republic of China "marriage and family editor (1)" (hereinafter referred to as "Interpretation of Marriage and Family Editor 1") Article 29，The nature of the funding for parents and marriage objects for adult children and marriages clearly stipulates: "The parties before marriage，Parents have invested in the purchase of houses for both parties，The contribution should be determined as a gift to your own children，But the parents explicitly stated that except the gift of the two parties。After the parties get married，Parents have invested in the purchase of houses for both parties，Handling in accordance with the agreement;，Treatment according to the principle stipulated in the principle specified in Article 42, paragraph 1 of the Civil Code。"Combined with the provisions of Article 106, paragraph bet365 best casino games 1 (4) of Article 1062 of the Civil Code，and Article 1063 Paragraph 1 (3) provisions can be known，Legally, the nature of the funding of parents and marriage objects for adult children and marriage targets is preserved as "gift"，The nature of its property is predefined as "common property"。In our social concept，Parents buying a house for children unilaterally than to buy a house for both parties is more "not request to return"。According to the principle of "weightlifting with light"，The nature of the parent's funding for adult children should also be legally prescribed as "gift"，If your parents want to claim that the investment is "borrowing"，It will bear the responsibility of proof。This can ensure the requirements of the system logic consistency。

Last，"Loan theory" logical reasoning based on "human relationship" and "interests of interests" lacks strictness。From the perspective of "humanity affection"，"Loan theory" believes that according to the traditional concepts and reality of our country，Generally, parents should be prescribed as "gifts" as "gifts" for adult children;，The nature of the contribution should be preserved as "borrowing"。This means，Do adult children fulfill the legal obligation to support parents，It will affect the nature of such capital capital。The disadvantage caused by this is，For the same funding behavior，At different time nodes, there may bet365 Play online games be different results for its nature，Not in line with the logical requirements of "the same"。From the perspective of "interest"，"Loan theory" believes: to protect the interests of parents、Risk of reducing children who are not filial to drive their parents out of the house，Do not consider the funding of parents as adult children as "gifts"。But this argument that pushes "the nature of capital contribution" from "the adverse consequences of possible existence"，The logical error of the "cause of the inverted fruit"。

　　Literated as "Gifts with the Conditions for Revisible Conditions"

The author basically agrees with the inspection of the funding of parents as an adult child to buy a house as a "gift" view。Specifically，It is more appropriate to characterize such capital capital as "gifts that are attached to the revocation conditions"，More in line with "love、Li、Law。

On the one hand，Bit this type of funding as a "gift with the condition of rejuvenation" in accordance with the system logic that meets the civil law。First，"Borrowing" is a dual affairs，Borrowing and loan parties to mutual obligations; "gift" is a single business，The gift is a pure interest party。Special "humanity affection" relationship based on parents and children，In terms of the nature of behavior, this type of capital capital should be qualitative as "gift"。and，According to the provisions of Article 29 of the Interpretation of Marriage and Family Editor，According to the principle of "weightlifting with light"，It is advisable Bet365 lotto review to characterize this kind of capital capital as "gift"。Next，To avoid parents 'violation of statutory support obligations after their parents' capital contribution，It can be further applied to Article 663, paragraph 1 (2) of Article 663 of the Civil Code，That is, the donor has the obligation to support the donor and does not fulfill it，Gifts can revoke gifts。Whether it is Article 106), paragraph 2，or Article 14 of the "Protection Law of the Elderly of the People's Republic of China"，All clearly have a statutory support obligations for adult children for their parents。So，When children do not fulfill this obligation，Parents should enjoy a legal withdrawal right。After the gift is revoked，It can be based on Article 665 of the Civil Code，Require children to return the corresponding house purchase money。Last，According to Article 1125, paragraph 1 (3) of Article 1125 of the Civil Code，When the heirs exist in the situation of "abandoning the heir" or "the abuse of the heir is serious"，Will lose the right to inheritance。Similarly，After the parents invested in the purchase of a house for adult children，If adult children do not fulfill their legal support obligations, they will harm their parents' interests，You should not continue to enjoy the benefits brought by parents for their purchase of houses。

On the other hand，Big this kind of capital capital as "gifts that are attached to the revocation conditions" can also better take bet365 Play online games into account "reasonable"。Because of "human relationship"，According to the social culture and usual practices of our country，The funding for the purchase of parents as an adult child to buy a house is in nature as "gift" is the norm。But consider the problem of children supporting parents at the same time，Children who do not fulfill their support obligations and enjoy the gift property as "human relationship"。So，When adult children do not fulfill their legal support obligations，Gives parents to cancel the right to gift，Can better take into account "reason"，show "Know the gratitude、Filial and respectful socialist core values。

，The capital contribution of parents as an adult child is characterized as "gifts that are attached to revocation conditions"，It can also be consistent with the basic law of "no one must benefit from illegal behavior"。When parents invested in the purchase of a house for adult children，If an adult child does not fulfill its legal support obligations，Detaled the benefits brought by their parents to enjoy their parents' investment in their houses，More in line with the concept of fairness and justice。

　　(The author is a researcher at the Institute of Law of the Xinjiang Academy of Social Sciences)