Civil law. Part II. Form of the gift agreement, procedure for its conclusion. Responsibility of the parties (most important)

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Civil law. Part II. Form of the gift agreement, procedure for its conclusion. Responsibility of the parties (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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27. FORM OF THE AGREEMENT OF DONATION, THE PROCEDURE FOR ITS CONCLUSION. RESPONSIBILITIES OF THE PARTIES

Form the contract of donation depends on its type, subject, subject composition of the parties. So, contracts of donation of movable property can be concluded orally, if they do not provide for a written form (clause 1 of article 574 of the Civil Code).

Written form is required for the following contracts:

▪ those in which the donor is a legal entity, and the subject of the agreement is movable property worth more than 3 thousand rubles. (Clause 2 of Article 574 of the Civil Code);

▪ containing a promise to donate movable property (clause 2 of Article 574 of the Civil Code);

▪ contracts the subject of which is real estate (such an agreement is subject to state Registration. - clause 3 of Art. 574 Civil Code).

Order conclusion of a donation agreement is the same as in other agreements: the donor declares to the donee his desire to give him a gift (offer), and the donee must agree to receive the gift (accept the offer of the donor).

The moment of conclusion of the contract donations are considered:

▪ in a real contract - the moment of transfer of the thing;

▪ in a consensual agreement - the moment of signing the agreement;

▪ in an agreement subject to registration - the moment of state registration.

Responsibility of the parties under a donation agreement:

▪ the donor is responsible for the damage caused by the donated item to the donee, provided that the shortcomings that arose before the item was transferred to him are not obvious, and the donor did not warn the donee about them (Article 580 of the Civil Code). Damage is subject to compensation if there is fault in accordance with the provisions of Chapter. 59 of the Civil Code, i.e. for illegal actions. The donor is not obliged to compensate for losses in the event of his refusal to fulfill the contract under clauses 1, 2 of Art. 577 of the Civil Code, as well as in the case of giving them things with defects, if the latter did not cause harm to the recipient; - the donee is responsible for:

a) losses caused to the donor by his refusal to accept the gift if the contract was concluded in writing. Form of responsibility - compensation for real damage (clause 3 of article 573 of the Civil Code);

b) improper handling of the thing. The form of responsibility is the return of the donated thing to the donor (clause 5 of article 578 of the Civil Code);

c) the use of property for another purpose if he is the beneficiary. The form of responsibility is the cancellation of a donation (clause 5, article 582 of the Civil Code).

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