After the conclusion of the donation agreement, each of the parties, under certain circumstances, can refuse it. So, the donor has the right to demand his gift back. Conversely, the party to whom the gift is addressed may not accept it.
Instructions
Step 1
The donor may refuse to transfer the gift to the donee in several cases. The first situation is a deliberate attempt by the donee on the life of the donor or his relatives, as well as causing bodily harm to the donor by the donee. Here, the refusal to donate must be made in writing. It should be based on a court verdict against the donee in the relevant criminal case. When the donor is killed, the cancellation of the donation takes place in court at the suit of one of the heirs.
Step 2
In the second case, refusal to donate is possible in the presence of two conditions: the donated thing is of great non-property value for the principal and the treatment of it by the donee fraught with the danger of its irrevocable loss. In this situation, the cancellation of donation occurs on the basis of a court decision. Also, by a court decision, a donation made by a legal entity or an individual entrepreneur in order to hide property from creditors as part of a bankruptcy procedure can be canceled.
Step 3
The contract may provide for the cancellation of donation in the event that the donor outlives the donee. In this case, a written request for the return of the gift may be addressed to the donee's heirs.
Step 4
If the donation agreement provides for the transfer of the gift in the future, then the donor has the right to refuse to fulfill it. This can occur as a result of a sharp deterioration in the health of the donor or his property status, as a result of which the fact of the gift will negatively affect the living standard of the donor. In this case, the cancellation of the donation agreement is made in writing.
Step 5
The donee has the right to refuse the gift at any time, but before its transfer. With a written donation agreement, the refusal must be made in the same way. Refusal to donate is a unilateral transaction and cannot be challenged by the donor in court. At the same time, the donor may demand from the donee compensation for damage caused by the refusal to accept the gift.
Step 6
In the event that the donor has refused the donation agreement, the return of the property should be formalized with an act of acceptance and transfer. It is recommended to record the state of the transferred property in it. So the donee can protect himself from possible claims from the donor in the future. In addition, the return of a gift can be formalized by a reverse donation agreement.
