The donation should be formalized by concluding a written agreement, the text of which must unambiguously define the thing or the list of things donated. In addition, one should take into account the cases of restriction and complete prohibition of donation, established by civil law.
Instructions
Step 1
Make an agreement in writing, including all the conditions on which the thing is transferred by the donor to the donee. It should be noted that the oral form of donation is allowed only with the direct transfer of the gift at the time of the conclusion of the contract. In addition, drawing up a written agreement is mandatory when receiving gifts from legal entities (worth over 3 thousand rubles), when promising to give in the future, when donating real estate (these contracts are subject to state registration).
Step 2
In the section "Subject of the contract" clearly define what kind of thing is transferred from the donor to the donee. So, if the gift is a real estate object, then you should indicate its address, area, refer to the floor or cadastral plan, certificate of ownership. If the donor does not identify a specific property or indicates a promise to donate all property belonging to him, then the contract is invalid (null and void).
Step 3
Be sure to indicate the gratuitous nature of the donation. Remember that any conditions on the receipt from the donee of any material benefit in return for the transferred gift excludes the possibility of qualifying the agreement as a gift agreement. In such cases, depending on the specific circumstances, the agreement turns into an exchange agreement or a sale and purchase transaction.
Step 4
Pay attention to the cases of complete prohibition of donations on behalf of minors, between commercial companies, government officials, employees of medical, educational and other organizations from persons who are being treated, trained in such organizations. The listed categories of persons can make and accept only ordinary gifts, the price of which should not exceed 3 thousand rubles.
Step 5
If the agreement provides for a promise to donate any thing in the future, then determine the features of the succession under this agreement. The general rule is that the donee's rights do not pass to his heirs, and the donor's obligations can be inherited, but the parties can change this rule in the contract.
Step 6
Sign the donation agreement, if necessary, take additional steps to comply with its form (for example, state registration when donating real estate). It is possible to certify the contract with a notary at the request of the parties, since such a requirement is not fixed in the law.
