It is necessary to draw up a donation agreement for minor children taking into account the provisions of Chapter 32 of the Civil Code of the Russian Federation. At the same time, in the interests of the minor donee in this agreement, one of his parents or a representative of the guardianship and guardianship authorities must represent.
Requirements for donation agreements are established by the current civil legislation. In particular, all the necessary conditions are contained in Chapter 32 of the Civil Code of the Russian Federation. Particular attention should be paid to the form of this agreement. It is possible to conclude agreements in simple written form, the subject of which is movable property. Previously, when donating immovable property to a minor (for example, a part of a residential building, apartment), mandatory state registration of the concluded contract was required, but now this rule has been canceled, so you can use the usual written form.
Who is a party to the contract of donation to a minor?
As a rule, minors do not have full civil legal capacity, therefore all transactions on their behalf are concluded by their legal representatives. That is why a written donation agreement for a minor child is usually signed by one of his parents. If, for certain reasons, the parents cannot participate in the signing of this agreement, then you can contact the guardianship and guardianship authorities, which will appoint a representative who enters into rights and takes on duties on behalf of the child. At the same time, it is important to understand that the legal representative does not replace the donee, the property is transferred by this agreement to the minor himself, which is necessarily indicated in the terms of the agreement.
What mistakes should be avoided when drawing up a donation contract for a minor?
The most common mistake in drawing up these agreements is the lack of a clear indication of the specific property that is transferred to the donee. An agreement that does not contain such a condition is considered void, that is, it does not entail any legally significant consequences. That is why it is recommended to describe in detail the subject of donation, if necessary, refer to additional documents. In addition, a gift to a minor is often used instead of a will, which is also illegal. So, if such an agreement indicates the transfer of the gift after the death of the donor, then it will also not work, and the rules on inheritance will be applied to the property. In this case, the minor may not receive ownership of any property at all if the donor has closer relatives.
