Fortune Telling Collection - Comprehensive fortune-telling - Can I sue for fraud if I take the initiative to give money and go back on my word?

Can I sue for fraud if I take the initiative to give money and go back on my word?

If you have given the money to the donee and then go back on your word, you can't get it back. Whether you can sue the other party for fraud depends on whether the other party defrauded you of a large amount of public and private property for the purpose of "illegal possession". If this happens, try to call the police.

But if you give money voluntarily, it is generally called a gift in law. According to Article 658 of the Civil Law, the donor may revoke the gift before the right to donate the property is transferred. Offer to give money unless it is legally irrevocable, only before actually giving money, there is a chance to go back on our word, and it is also invalid if we have given it.

Fraud refers to the act of defrauding a large amount of public and private property by fabricating facts or concealing the truth for the purpose of illegal possession.

If the perpetrator tries to make the victim have a cognitive illusions, so as to "voluntarily" deliver the property he owns or holds to the perpetrator or give up the ownership, or exempt the perpetrator from the obligation to return the property, he can call the police for fraud and see if the public security organ will file a case.

Article 266 of the Criminal Law stipulates:

Whoever defrauds public or private property in a relatively large amount (the national law stipulates that more than 3,000 yuan can constitute a crime, and the provisions of various provinces, autonomous regions and municipalities directly under the Central Government vary) shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined;

If the amount is huge (more than 30,000 yuan) or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of more than 3 years 10 years and fined;

If the amount is especially huge (more than 500,000 yuan) or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of 10 or life imprisonment, and shall also be fined or confiscated.

Under what circumstances can I sue?

Although the law allows donors to repent, there is one exception. That is, when the donor goes back on his word, if the donee has paid the fee or fulfilled his obligation because of the donation, he can ask the donor to compensate for the loss. If the two parties still can't resolve the dispute through consultation, the donee can bring a lawsuit to the court and ask the donor to compensate for the loss.

It should be noted that for gifts with social public welfare and moral obligations, such as disaster relief and poverty alleviation, as long as the donor makes a promise, both parties will conclude a gift contract, and the donor should fulfill his promise of no refund. If the donor goes back on his word, the donee may bring a lawsuit to the court and ask the other party to fulfill the gift promise.

Of course, if the economic situation deteriorates significantly and the production, operation and family life of the donor are seriously affected, the donee can no longer fulfill the gift obligation, and the donee can not force the donor to fulfill the gift promise.