A donation agreement is a gratuitous bilateral transaction. All rules on the invalidity of transactions apply to it. General grounds for nullity and signs of voidability are indicated in Chapter 9 of the Civil Code of the Russian Federation. Special rules on the prohibition or restriction of donation are contained in the second part of the Civil Code, chapter 32 “Donation”. An insignificant gift does not entail legal consequences, is invalid from the moment of commission. The parties must return everything received under the invalid transaction. To invalidate the donation agreement, you should go to court.
Instructions
Step 1
Determine the grounds for the contestability or nullity of the contract. The contract is
null and void if the specific subject of donation is not indicated or the donation is provided after the death of the donor (essentially a will). The law does not allow oral donation in the case when the donor is an organization, and the value of the gift exceeds three thousand rubles, and also when the contract contains a promise to donate property in the future. The transaction does not entail legal consequences in the absence of state registration (for example, all transactions with real estate, including donations, are subject to state registration with the Rosreestr authorities). Depending on the subject matter of the agreement, the transaction is void if the donor under the agreement is minor citizens (children under 14 years old) or
incapacitated citizens (or their legal representatives); the donee under the contract is a state or municipal employee, an employee of an educational institution, a medical organization. For commercial legal entities, there is a ban on making a donation, because this transaction contradicts their goal of activity (making a profit).
Step 2
Determine the legal basis for the invalidity of the contract, that is, the rules of law that violate the contract.
Step 3
Collect evidence to substantiate the nullity of the contract. These can be written documents containing information about the circumstances of the case, testimony, audio and video recordings.
Step 4
Prepare a statement of claim for an arbitration court considering claims between legal entities and entrepreneurs. In a court of general jurisdiction, disputes with the participation of citizens are resolved.
