The donation of property is, first of all, a civil obligation, in accordance with which the donor transfers or undertakes to transfer the thing to the donee into ownership. To avoid further challenging the legality of donation, you need to know how to donate property correctly.
Instructions
Step 1
A characteristic sign of donation is its gratuitousness. A “gift” that provides for a counter-grant is void. The relevant rules (for example, the rules on an exchange agreement) will apply to a transaction “covered” by such a “donation”. The donation can be expressed:
- in the direct transfer of things;
- in the symbolic transfer of things (for example, car keys);
- in a promise to give a thing in the future. The object of the donation agreement must be individually determined. This means that the promise to donate all acquired property or part of the property without specifying specific things is null and void. It is also essential that, contrary to the will of the donee, the donation cannot take place, the donee has the right to refuse to accept the gift at any time before the transfer of the thing.
Step 2
Like any civil contract, the donation contract must be completed in the appropriate form. The oral form of the transaction is allowed when the gift is accompanied by the transfer of the gift. However, if an organization acts as a donor and the value of the gift exceeds 5 times the minimum wage, it is necessary to follow the written form of the transaction. The real estate donation contract must be drawn up in writing and is subject to state registration with the justice authorities.
Step 3
A promise to donate a thing in the future is made in writing.
Step 4
The promise of donation binds the promised person with a civil obligation, and gives the donee the right to demand the transfer of the thing. A donation providing for the transfer of the gift to the donee after the death of the donor is negligible. Such a donation is considered a will.
Step 5
There are some restrictions on donations. Donations that can be interpreted as a bribe are prohibited. You cannot give gifts worth more than 5 minimum wages to officials in connection with the performance of their official duties. Persons undergoing treatment, upbringing, maintenance in state and municipal institutions (educational, medical and other similar) are allowed to present the employees of these institutions with gifts, the value of which also does not exceed 5 minimum wages. A similar bar applies to gifts on behalf of minors and their legally incapacitated legal representatives, as well as between commercial organizations.
