Table of contents (expand)
- The concept, types, characteristics and meaning of the contract of sale. Rights and obligations of the parties
- Elements of a sales contract
- Responsibility of the parties under the contract of sale
- The concept, types, characteristics of the contract of retail sale. Legislation
- Elements of a retail sale contract
- Rights and obligations of the parties under a retail purchase and sale agreement. Responsibility of the parties
- Concept, characteristics, elements of the supply contract
- Conclusion and termination of the supply contract
- Rights and obligations of the parties under the supply agreement
- The concept, elements and features of the contract for the supply of goods for state or municipal needs
- Responsibility of the parties under the contract for the supply of goods for state or municipal needs. Contents of the contract
- The concept, types, characteristics of the contracting agreement, features of legal regulation. Difference from the supply contract
- Elements and content of the contracting agreement. Responsibility of the parties
- The concept, types, characteristics and content of the energy supply contract
- Elements of an energy supply contract
- Features of the conclusion and termination of the contract for energy supply. Liability of the parties under the contract
- Concept, characteristics, elements of a contract for the sale of real estate
- Parties to a real estate sale agreement, their obligations
- Real estate sale contract form
- Residential sale agreement. The concept of a contract for the sale of an enterprise
- Elements and content of an enterprise sale agreement
- The concept and characteristics of the contract of exchange. Responsibility of the parties
- Elements and content of an exchange agreement
- The concept, characteristics and subject of the donation agreement
- Parties to the donation agreement
- Rights and obligations of the parties under the donation agreement
- The form of the donation agreement, the procedure for its conclusion. Responsibility of the parties
- The concept, characteristics and features of the annuity agreement. Liability under the contract
- Elements of a lease agreement. Rights and obligations of the parties
- Features and elements of a permanent rent agreement
- The content of the contract of permanent rent
- Life annuity contract
- Lifetime maintenance contract with dependents
- The concept and characteristics of the lease agreement. Liability of the parties and termination of the contract
- Elements of a lease agreement
- Parties to the lease. Rights and obligations of the parties
- Features of the vehicle lease agreement
- Features of the enterprise lease agreement
- Features of a financial lease (leasing) agreement
- Concept, characteristics, legal regulation, elements of a loan agreement. Liability under the contract
- Rights and obligations of the parties under the loan agreement. Termination of the contract
- The concept, characteristics and elements of a tenancy agreement
- Social tenancy agreement
- The powers of the parties to the contract of social rental of residential premises, which differ from the powers of the parties to the contract of commercial rental of residential premises
- commercial lease agreement
- Rights and obligations of the parties to the contract
- Household contract
- Construction contract
- Contract for the performance of design and survey work
- Contract for the performance of work for state or municipal needs
- The concept, types, regulation of the contract for the provision of services
- Elements and content of the contract for the provision of services
- Transport contracts
- Contract of carriage of goods
- The concept, characteristics and elements of the contract for the carriage of passengers and baggage. Liability under the contract
- Rights and obligations of the parties under the contract for the carriage of passengers and baggage and under the contract of transport expedition
- The concept, characteristics and elements of the contract of transport expedition. Liability under the contract
- Towing contract
- The concept, types and legal regulation of the storage agreement
- Elements of a storage agreement
- Rights and obligations of the parties under the storage agreement
- Responsibility of the parties under the storage agreement
- The concept, characteristics and elements of the contract of agency. Features of a commercial order
- Rights and obligations of the parties under the contract of assignment. Termination of the contract
- Concept, characteristics, elements of the contract of commission. Termination of the contract
- Rights and obligations of the parties under the commission agreement
- The concept, characteristics and elements of an agency agreement
- The content of the agency agreement
- The concept and characteristics of the contract of trust management of property. Parties to the agreement
- Elements of the contract of trust management of property. Grounds for termination of the contract
- Contents of the property trust management agreement
- The concept and characteristics of the insurance contract. Parties to the agreement
- Basic concepts of insurance law. Elements of an insurance contract
- Rights of the parties under the insurance contract
- Obligations of the parties under the insurance contract
- Types of insurance
- Forms of insurance
- Concept, characteristics, elements and types of loan agreement
- Rights and obligations of the parties under the loan agreement
- Loan Agreement
- The concept, characteristics and elements of a financing agreement against the assignment of a monetary claim (factoring). Responsibility of the parties
- Rights and obligations of the parties under a financing agreement against the assignment of a monetary claim (factoring)
- The concept, characteristics and elements of a bank deposit agreement
- Rights and obligations of the parties under the bank deposit (deposit) agreement
- The concept, characteristics and elements of a bank account agreement
- Types of accounts under a bank account agreement. Liability of the parties and termination of the contract
- Rights and obligations of the parties under the bank account agreement
- Settlement obligations. Forms of non-cash payments. Settlements by payment order
- Settlements under a letter of credit
- Payments by checks
- Settlements for collection
- The concept, characteristics, elements and types of a simple partnership agreement
- The content of the simple partnership agreement
- Termination of a simple partnership agreement
- Acting in someone else's interest without a mandate
- Rights and obligations of the parties when acting in someone else's interest without instructions
- Public promise of reward
- public competition
- Games and betting
- General provisions on tort obligations (due to harm)
- General provisions of the rules on liability for tort obligations
- Features of liability of legal entities for tort liabilities
- Responsibility for tort obligations of minors, persons with limited legal capacity and legally incompetent
- Peculiarities of responsibility of persons possessing a source of increased danger in case of harm
- Features of compensation for harm caused to the life or health of a citizen, and harm caused by defects in goods, works or services
- General provisions on obligations arising from unjust enrichment
- Grounds for the emergence of obligations from unjust enrichment
- The powers of the parties to the obligation from unjust enrichment
- Liability of the parties to the obligation from unjust enrichment
- The concept, characteristics and elements of contracts for the implementation of research (R&D), experimental design (R&D) and technological work
- The content of the contract for the implementation of research (R&D), experimental design (R&D) and technological work
- The concept and content of know-how (a license agreement on granting the right to use a production secret)
- License agreement
- The concept, characteristics and elements of a commercial concession (franchising) agreement
- Rights of the right holder under a commercial concession agreement
- Obligations of the user under a commercial concession agreement
- Varieties of commercial concession (franchising). Subconcession. Restrictions on the rights of the parties under the contract
- Liability under a commercial concession agreement. Modification and termination of the contract
24. CONCEPT, CHARACTERISTICS AND SUBJECT OF THE DONATION AGREEMENT
Donation agreement - an agreement under which one party (the donor) gratuitously transfers or undertakes to transfer to the other party (the donee) a thing in ownership, or a property right (claim) to himself or a third party, or releases or undertakes to release it from a property obligation to himself or a third party (Clause 1 of Article 572 of the Civil Code).
A type of donation agreement is donation - a donation made in relation to an indefinite number of persons for generally beneficial purposes (Article 582 of the Civil Code).
Characteristics of the donation agreement: a donation agreement can be both consensual and real; unilaterally binding; free of charge. A consensual agreement may be conditional, i.e., contain either a suspensive or resolutive condition.
Requirements for the consensual agreement:
▪ a promise of donation will have the force of a civil contract only if it is put into proper form (clause 2 of Article 572, clause 2 of Article 574 of the Civil Code);
▪ the promise must concern a specific subject (clause 2 of Article 572 of the Civil Code);
▪ the promise must provide for the transfer of the thing by the donor during his lifetime; otherwise, it will be considered as a will, and not as a gift agreement (clause 3 of Article 572 of the Civil Code).
The donation agreement is regulated by the norms of the Civil Code of the Russian Federation (Articles 572-582), as well as a number of Federal Laws: "On Insolvency (Bankruptcy)"; "On charitable activities and charitable organizations"; Art. 20 FZ "On weapons"; Art. 25 FZ "On the museum fund of the Russian Federation and museums of the Russian Federation".
Subject donation agreements:
▪ things (property);
▪ property rights (claims) to oneself or to third parties (the grant of rights to third parties occurs according to the rules of assignment of claims (cession) of Article 382 of the Civil Code);
▪ release from obligation (by forgiveness of the donee’s debt, transfer of the donee’s debt to the donor, or the donor’s fulfillment of the donee’s obligation). The transfer of the donee's debt to the donor is carried out according to special rules on the transfer of debt (Articles 391, 392 of the Civil Code).
Features of thingstransferred under a gift agreement:
▪ the type of thing (movable or immovable) and its value determine the legal regime of the contract (the form of the contract, the possibility of donation by a specific person, etc. depend on them);
▪ the fate of the thing depends on how detailed the thing is described in the contract: a contract in which the thing is not specified is considered invalid;
▪ the intended use of the transferred item can be determined by the donor only in the donation agreement, and such a determination is necessary in agreements in which the beneficiary is a citizen (clause 3 of Article 582 of the Civil Code);
▪ the contract should provide for the method of transfer of the thing: direct delivery of the thing, symbolic transfer of the thing, delivery of legal documents for the thing.
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>> Forward: Parties to the donation agreement
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