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Civil law. Part II. Rights and obligations of the parties under the gift agreement (the most important)

Lecture notes, cheat sheets

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26. RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER A GIFT AGREEMENT

Responsibilities of the donor:

1) transfer the gift (this obligation passes to the assignees of the donor in consensual contracts containing a promise to donate the thing, but does not apply to donation contracts;

2) inform the donee about the shortcomings of the thing given to him;

3) determine the purpose of using the gift to the beneficiary in the donation agreement;

4) bear the costs associated with the transfer of the gift.

Donor's rights:

1) refuse to perform the contract in the following cases:

a) if, after the conclusion of the consensual agreement, the donor’s property or marital status or health status has changed, as a result of which the execution of the agreement will significantly reduce the donor’s standard of living, b) if, after the conclusion of the consensual agreement, the donee has made an attempt on the life of the donor or a member of his family;

2) cancel the contract in the following cases:

a) intentional deprivation of the life of the donor by the donee (the decision must be made by the court at the request of the heirs);

b) the recipient’s handling of the donated item, which is of great non-property value for the donor, creates a threat of its loss; c) if the donation was made by an individual. entrepreneur or legal person at the expense of funds associated with the enterprise. activities during the 6 months preceding the declaration of the donor as bankrupt; d) if the donee died before the donor and the condition for canceling the contract was stipulated in it; e) if the beneficiary used the gift not in accordance with the purpose specified by the donor. The rules on refusal and cancellation of gifts do not apply to ordinary gifts of small value;

3) stipulate in the contract the conditions, under the cat. his property will be transferred and he can demand its return (conditions can be suspensive and resolutive);

4) define in the donation agreement the purpose, purpose of the use of the gift.

The donor does not have the right to demand counter satisfaction from the donee, since the contract is free of charge.

Rights of the donee:

1) receive a gift;

2) refuse to accept the gift;

3) change the purpose of the use of the gift in the donation agreement in case of changed circumstances with the consent of the donor, and in the event of his death or liquidation of the legal entity - the donor by a court decision.

Responsibilities of the donee:

1) use the gift in accordance with the instructions of the donor on its purpose;

2) fulfill obligations in relation to museum items received as a gift (Article 25 of the Federal Law "On the Museum Fund of the Russian Federation and Museums of the Russian Federation");

3) keep a separate record of operations on the use of donated property, if the beneficiary is a legal entity;

4) properly treat the thing presented to him, which is of great non-property value for the donor;

5) return the donated thing in case of cancellation of the donation, if it has been preserved in kind, and leave all the things (income, products) received as a result of use, since they are the property of the donee.

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