Contract law. Donation agreement (most important)

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Contract law. Donation agreement (most important)

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32. GIFT AGREEMENT

Donation agreement - an agreement by virtue of which one party (the donor) transfers free of charge or undertakes to transfer to the other party (the donee) a thing in ownership or a property right (claim) to itself or to a third party, or releases or undertakes to release it from a property obligation to itself or to a third person (clause 1, article 572 of the Civil Code of the Russian Federation). This agreement is governed by 32 of the Civil Code of the Russian Federation.

The donation agreement is:

1) consensual - when the donor promised to donate a specific thing;

2) real - the contract is considered concluded from the moment of transfer of the thing;

3) free of charge;

4) unilateral.

Parties to the agreement are the donor and the donee. Citizens and legal entities, as well as public entities, can act on any of the parties.

The subject of the contract donations can be any things that are not withdrawn from circulation, and there is also the possibility of donating property rights.

Contract form:

1) oral;

2) written (in the case of a promise to donate), with mandatory state registration (in the case of a donation of real estate).

No contract allowed

1) if both the donor and the donee are commercial organizations;

2) if the donee are employees of medical, educational institutions, social protection institutions and other similar institutions, and the donors are citizens who are in such institutions for treatment, maintenance or education, spouses and relatives of these citizens;

3) if the donee are civil servants and employees of bodies of municipalities and the gift is transferred by a citizen or legal entity in connection with their official position or in connection with the performance of their official duties;

4) if the donors are minors and citizens recognized as legally incompetent, and the contract is made on their behalf by their legal representatives. The exception is ordinary gifts, the value of which does not exceed five minimum wages established by law.

The donor has the right to refuse to perform the contract without compensation for losses caused to the donee in the following cases:

1) if after the conclusion of the contract, the property or marital status or state of health of the donor has changed so much that the execution of the contract in the new conditions will lead to a significant decrease in his standard of living;

2) if the donee made an attempt on the life of the donor, the life of any of his family members or close relatives, or intentionally caused bodily harm to the donor.

In the event of the death of the donor, the right to refuse to perform the contract is exercised by his heirs.

Author: Rezepova V.E.

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