For the official and legal transfer of any thing as a gift to another person, you can conclude a donation agreement and conduct a transaction on conditions convenient for both parties. Like other types of similar documents, a donation agreement has its own legal characteristics.
A donation agreement is concluded between two subjects, and in accordance with it, one party transfers to the other party free of charge any thing, property right or undertakes to release from property obligations. The donor and the donee are the parties to the contract.
This agreement is free of charge, since the donor does not receive the counter property grant from the donee. It can also be real or consensual. The terms of a real contract come into force immediately after its conclusion, and the consensual one provides for the transfer of something in the future.
In form, the donation contract can be oral if the delivery of the gift to the donee is symbolic. This usually applies to small and not high-priced things, as well as documents of title. A donation agreement is concluded in writing if the donor is a legal entity, and the value of the gift exceeds five times the minimum wage. Also, a document is drawn up in writing containing a promise of donation in the future.
The gift agreement may be subject to cancellation. In this case, the item must be returned to the donor in the same form as it was at the time of cancellation. The income received by the donee or the fruits from the thing remain with him. In case of alienation of a thing to a third party, return is not possible. Nevertheless, upon proof of the donee's guilt in the destruction or alienation of the thing in order to avoid its return, it becomes possible to bring a claim against him due to the infliction of harm.
The legislation provides for several cases of cancellation of donation at the initiative of the donor, for example, when the donee attempts to kill the donor or his family members and close relatives, as well as in the case of intentionally causing bodily harm to the donor. Also, a return can be made through the court if, when the donee deals with the thing presented to him, which is of high non-property value for the donor, there is a threat of its irrevocable loss. In addition, the donor's right to cancel the donation in the event of his premature death may be initially enshrined in the donation agreement. Finally, the refund is carried out if, after the conclusion of the donation agreement in the future, the donor's state of health or his family or property status has changed in such a way that this can significantly reduce his standard of living.