Donation contract (download)

The contract of donation - one of the oldest instruments of civil law, mediates the gratuitous transfer of property, goods or rights from one entity to another. According to claim 1. st.572 Ch. 32 Civil Code donation contract involves the donation of or obligation of one party (the donor) to the other party (the donee) thing in the property or property right (or claim) to itself or to any third party or is obligated to release to release her from the estate duty in front of or before the third face. As can be seen from the definition of deed of gift (download) can be real or consensual (ie the obligation on the one hand to convey certain property at the time of the second party that does not coincide with the moment of signing the agreement, ie, in the future). Gratuitous nature of the transaction - that's the main difference between contracts of donation, but this fact does not exempt from the obligations bestowed: to use donated his property for public purposes, not to interfere with the donor in the implementation of its right to use the object of giving, if it was stipulated in the agreement), other counter-claims. However, this does not mean that such a deal could be onerous nature or requires a motive for the donor. Such contracts are automatically considered null and void. Donation contract is null and void as if it contained the need for any action on the part of the gift bestowed to obtain. The subject of the donation contract Property rights, acting subject of donation, may have a right to demand the nature and character of the thing. You can donate right on something, and can be a specific thing or a commodity. It is important that the promise to donate, the contract is not. The subject of the contract of donation can be any things that are not withdrawn from circulation, even such specific as securities and money. Giving things in restricted circulation (hunting weapons) should not lead to a breach of their special legal status, ie if you are going to present a business partner guns, then check whether it has on it the appropriate licenses and permits. In some cases, the subject of a contract of gift may make debt (in other words, waiver), more debt forgiveness, debt transfer, fulfillment of the obligations of the debtor. However, entrepreneurs can not forgive even the bad debt to its counterparty. A.4 st.575 Civil Code expressly prohibits the donation, the donation contract if the parties are commercial entities. As an exception, can act only gifts of small value. Remember that not all property rights are subject to alienation: the alimony or reimbursement of harm can not be the subject of deed of gift (download). Parties to the contract of donation parties to the contract of donation are the giver and the donee, and this can be both citizens and individual entrepreneurs and legal entities, and the state. Particular attention should be paid to the relationship between donations by individual entrepreneurs: remaining individuals, businesses engaged in commercial activities, that calls into question the basic principle - gratuitous - they entered into contracts giving. What is considered a commercial transaction, and what is not decided on a case by case basis, depending on whether the so-called gift to be used in business to generate income. To avoid acceptance of gifts between private entrepreneurs illegal, it is common to give only those gifts whose value does not exceed the legally established 5-fold the baseline value, the same rule also applies to gifts to public servants. The form of the donation contract form the contract of donation depends on the subject. In accordance with the laws state registration subject only to contracts of feoffment, of course, in writing. Contracts of gift of movable property are in writing in cases where the donor is a legal entity, and the cost of the gift exceeds five times the minimum statutory wage. The transfer of the gift is performed by direct delivery endows a person who is symbolic transfer of the property or the award of the keys to the property or transfer of title documents. Terms of the contract of donation: Substantial and additional to the essential terms of the contract of donation include: A detailed description of the subject contract, ie gift. Specific conditions for the transfer of the subject matter of the gift. Exemption from bestows obligations committed Party and third parties. Additional terms and conditions govern: Term donation contract (no term in the lease means that the actual contract). Transfer of the gift bestowed heirs / return to the donor. Rescission (cancellation) cancel the contract of donation donation is possible on the initiative of both parties. initiated by the donor: if the donee has made an attempt on the life of the donor or their family members or close relatives, or intentionally caused bodily harm to the donor, the donee if the treatment with the gift thing, representing the donor for a great moral value, threatens her irreparable loss, the donor has the right to request cancellation donations through the courts, if the contract provides for the right gift giver to cancel the donation, if he outlives the donee, and if after the conclusion of the contract of donation in the future, property or marital status or health of the donor changed so that the execution of the agreement will lead to a substantial reduction in his life . initiated by the donee: if the donee to the transfer of the property at any time refused the gift. But while the giver may demand from the donee of the real damage caused by the refusal to accept the gift, in case of death of the donee to whom the contract promised to transfer the property as a gift in the future, the rights to the heirs do not move unless it is stipulated in the contract of donation. Recognition of the donation contract void Entrepreneurs highly recommended not to use this type of contract to cover the purchase and sale transactions, as all legal relations on the donation is extremely detailed and well-covered in the legislation, and inconsistent with the legitimate rules of the agreement will be declared invalid. The same applies to attempts to preserve property in the event of bankruptcy of a legal entity or individual entrepreneur. If the gift was made within six months prior to the announcement of bankruptcy, then an interested party in court may declare such contract void.