A donation agreement is an agreement under which one person (donor) transfers movable or immovable property into the ownership of another person (donated) free of charge. This contract refers to real contracts, i.e. the date of the transfer of the property is considered the date of its commencement.
The peculiarity of the donation agreement is that it is drawn up in the prescribed form and is subject to certification by a notary. Violation of the notarial form makes the conclusion of the donation agreement invalid. It should be borne in mind that only capable persons can act as parties to the donation agreement. Minors and citizens with limited legal capacity can act as one of the parties to the contract only with the consent of their legal representatives (guardians, trustees, parents) to the transaction.
The donation agreement indicates that the person being gifted, i.e. the person to whom the property is transferred agrees to receive it. This document is subject to mandatory state registration. Requirements for the execution of the contract depend on what is its subject. If real estate is transferred under a donation agreement, then the transaction must be registered with the Federal Registration Service (FRS).
Before transferring the donation agreement for state registration, it must be certified by a notary. It will help you draw up a document correctly, avoid legal and semantic errors. The notary will certify that the parties to the agreement are capable citizens and at the time of signing they were in their right mind. After the parties sign the donation agreement, the notary will certify it with his signature. This completes the contract certification procedure. Then he is registered with the Fed.
As for real estate, for example, a car, it is not mandatory to certify a donation agreement. In this case, the parties can, if they wish, certify the contract with a notary. To do this, you need to submit the donor's and donor's passports to the notary's office, a vehicle passport, a certificate of the cost of transport.
