To receive as a gift something significant, formalized by this donation agreement, subject to state registration, if this is real estate, of course, it is very pleasant. But anything can happen in life, and the donor may change his mind for some reason or his relatives will want to challenge this agreement. You can, of course, terminate it, but it will be very difficult to do so.
Instructions
Step 1
When canceled, i.e. termination of the gift agreement should be guided by Article 578 of the Civil Code of the Russian Federation. According to her, the donor has the right to terminate the donation contract, in the event that the donee attempted his life, deliberately caused bodily harm or harm to his health. An attempt on the life of the donor's relatives is also considered the basis for terminating the donation contract, they also have the right to challenge this contract in court if the donor deliberately deprived the donor of the life. As proof of the correctness of a person wishing to terminate the donation agreement signed by him, the court will accept confirmation in the form of a final sentence of a criminal court or a court decision made in civil proceedings.
Step 2
The donor may apply to the court with a claim to invalidate the donation agreement even if the donor does not treat the donated property as it should be. If a thing that is of great value to the donor is kept by the gifted in conditions that threaten its safety and there is a risk of its irrevocable loss, the former has every right to demand termination of the contract. True, he will have to collect evidence of the threat to the safety of the property, on the basis of which he will file his claim, as well as prove the value of the thing and the fact that the gifted person knew how anxiously the donor treats it.
Step 3
Another ground for the termination of the donation agreement may be the claim of third parties. This will happen when the donor is a bankrupt private entrepreneur or legal entity. In this case, creditors, to whom the donor has debt obligations, or state bodies that control the activities of market entities, can challenge the donation agreement.
Step 4
In the event that there is such a condition in the donation agreement, the donor can return his gift to himself after the death of the gifted. If there is no such condition, the donated property goes to the heirs of the donated.
Step 5
In order not to repent of good impulses and then not write statements of claim to the court, defending your property interests and trying to terminate the donation agreement, you need to be sure of whom you want to bestow. Before signing such an agreement, make sure that it will take good care of the property or thing that you parted with in favor of the person being gifted.
