A donation agreement is one of the most popular types of civil law transactions that allow the owner of the donated thing during his lifetime to make sure that it has gone to its destination. Real estate is often such a gift. To challenge the deal, to prove the illegality of the donation agreement is quite difficult, but possible.
Instructions
Step 1
The basis for recognizing the illegality of the donation agreement may be a violation of the requirements set forth in Article 575 of the Civil Code of the Russian Federation, which regulates such transactions. The law explicitly prohibits accepting gifts worth more than 3 thousand rubles to civil servants whose field of activity and official status overlap with the interests of the donor. Guardians and other representatives of minor children and people recognized as incapacitated, who are donors, cannot accept gifts as gifts. A donation agreement signed on behalf of a citizen who is being raised, treated, or kept in special institutions will be invalidated when the donated person turns out to be a doctor or nurse, educator or other social worker serving in this institution.
Step 2
The contract signed by the donor who was legally married, but who has not obtained the consent of his spouse to donate property that is jointly acquired, can also be challenged. In the event that such consent, officially certified by a notary, is not attached to the contract, either the second spouse or persons who are his heirs by law can challenge it. In the event that the donor at the time of the conclusion of the contract was more than 70 years old, and a medical certificate confirming his legal capacity was not attached to this document, the legality of such a gift can also be challenged in accordance with Articles 171 and 177 of the Civil Code of the Russian Federation. It is understood that it is possible to prove the illegality of the gift on the basis of a certificate of mental disorder or testimony of witnesses that the donor at the time of signing the contract was under the influence of drugs, drugs or alcohol.
Step 3
One of the valid reasons why any court will terminate the donation agreement is an attempt on the life or health of the donor or his family members. In this case, the evidence will be an appropriate court decision in an administrative or criminal case.
Step 4
Violations of the form and rules for drawing up a donation agreement can also be a valid reason for which such a transaction will be recognized as null and void, i.e. without any legal consequences. For example, in the case when the real estate contract was not properly registered with the Rosreestr authorities or when the transfer of the gift was provided only after the death of the donor, which is contrary to Art. 168 of the Civil Code of the Russian Federation.
