The title of the topic of this article is somewhat incorrect from a legal point of view, however, given that such a definition is most often used in everyday life and it means the termination of any relationship stipulated by the donation agreement, we will mean by the withdrawal of the gift the termination of the donation agreement at the will of the donor.
So, when you revoke a deed, we are talking about the abolition of donation. Cancellation of donation is such legally significant actions on the part of the donor, which are designed to either terminate the property of the donated person in relation to the items transferred to him under the donation agreement, or actions aimed at invalidating the donation transaction. Thus, there are two ways to revoke a deed of gift: to cancel (terminate) the donation contract or to invalidate it.
The Civil Code of the Russian Federation provides an exhaustive list of grounds for canceling (terminating) a donation agreement at the initiative of the donor. These include cases:
- the gifted person attempted the life of the donor or his close relatives, including family members, or deliberately caused harm to the donor's health (all these facts must be confirmed by a court verdict that has entered into force);
- the donee handles the subject of donation, which is of great intangible value for the donor, so that there is a threat of its irrevocable loss;
- the donor, when concluding the donation agreement, reserved the right to cancel the donation in the event of the death of the gifted, that is, when the donor outlives the gifted;
- after the conclusion of the contract, the donor's marital or financial situation, his state of health change so much that the performance of the donation contract can lead to a significant deterioration in the donor's standard of living.
The law also quite clearly defines the cases of recognizing the donation contract as invalid (regardless of the will of the parties):
- general grounds for recognizing civil transactions as invalid, for example, the conclusion of a donation agreement in order to cover up a sale and purchase transaction (often used to reduce the amount of mandatory government payments) or the conclusion of a donation agreement under the condition of transferring the gift after the death of the donor (that is, in fact, we are talking about inheritance). Such contracts are null and void;
- the donor, who is a legal entity or entrepreneur, makes a transaction in violation of bankruptcy laws, if the subject of the donation was related to commercial activities and the contract was concluded within six months before the donor was declared bankrupt;
- the conclusion of a donation agreement under the condition that the gifted person performs any actions (donation is an unconditional transaction);
- if the donation agreement was signed by the donor, but did not go through the registration procedure, when necessary, for example, in cases of donating real estate.
In any cases, the recognition of the transaction as invalid is carried out in court, unless the right of the donor to cancel the fact of donation is not provided for by the contract itself.