Is There A Limitation Period For The Dedication

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Is There A Limitation Period For The Dedication
Is There A Limitation Period For The Dedication

Video: Is There A Limitation Period For The Dedication

Video: What is Limitation Period? 2022, November
Anonim

The donation of property does not exclude the possibility that this fact will subsequently be challenged. Moreover, a corresponding claim can be filed many years after the gift was issued. And here it is important not to forget about the statute of limitations.

Donation and limitation of actions
Donation and limitation of actions

Instructions

Step 1

Many people get confused between the concepts of "gift" and "gift agreement". In fact, from a legal point of view, they are equivalent. However, in everyday life, it is customary to call the contract that is drawn up by the parties at a notary. Meanwhile, in order to transfer a gift, it is enough to draw up a contract in a simple written form. In any case, the limitation period does not depend on the form of the contract.

Step 2

Disputes over a gift agreement can arise both between its parties and with the participation of third parties. For example, the donee can sue the donor with the requirement to give him the gift. The donor can file a refusal to donate in court. Third parties also have the right to state their claims for the gift. So, if the donated property is the subject of a pledge, seizure, etc., then the donor's creditor or pledgee may insist on recognizing the donation agreement as invalid.

Step 3

For the bulk of claims arising from a donation agreement, a standard limitation period of 3 years applies. However, if it is necessary to invalidate a donation agreement related to contestable, the limitation period is 1 year. In cases where challenging a donation is directly related to a violation of the property right of an interested person, then the limitation period does not apply to such claims. For example, if a person donated property that is in common joint ownership without the consent of the second spouse, then the latter's claims for its return are subject to consideration in court without applying the statute of limitations. A similar situation will take place when the donor deliberately donated someone else's thing.

Step 4

If the deed of gift is contested by one of the parties to the contract, then the limitation period begins to run from the moment when she learned about the violation of her rights. In the event that a party that is not a party to the contract has claims to the donation contract, the limitation period begins to run from the moment when she learned about the beginning of the execution of such an contract.

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