Giving, or dedication, is a common transaction. All principles and rules applicable to other transactions and contracts apply to it. The donation agreement comes into force from the moment of state registration. Until the moment of registration, it can simply be canceled, and after it, it can be challenged only in court.
Instructions
Step 1
If the state registration of the donation agreement has already been carried out, then you just have to challenge the transaction in court. For these purposes, the following grounds can be used: the fictitiousness or fictitiousness of the transaction (the donation agreement was actually concluded in the form of a purchase and sale transaction), the commission of actions as a result of pressure, blackmail.
Step 2
In order to challenge the donation transaction on the grounds of its fictitiousness, commission under pressure, etc., very strong evidence is needed. Collect all the documents that will help you prove it. These can be receipts for receiving money from the donee, medical documents on the mental state of the donor, etc. Involve witnesses: with the help of their testimony, you can confirm the fake of the transaction and try to challenge it. After that, you can go to court with a statement of claim. In it, indicate all the reasons and provide the facts on which you believe that the transaction was feigned or imaginary.
Step 3
The donor himself can cancel the donation. For this, the legislation contains a list of grounds. For example, a donation agreement may be terminated if the donor has been injured by the donee or if his relatives have been assassinated. In a judicial proceeding, the cancellation of donation can be carried out if the donee carelessly handles a thing of value to the donor.
Step 4
At the request of any interested person, the court can cancel a donation transaction that was made by an individual entrepreneur or legal entity at the expense of funds related to commercial activities within 6 months before the bankruptcy announcement.
Step 5
The rules on refusal to donate and on its cancellation do not apply to ordinary gifts of small value (Article 579 of the Civil Code of the Russian Federation).
Step 6
You can also dispute the donation if the contract was concluded with violations. This may be the wrong form of conclusion of the deed of gift, the content of false information in it, the absence of all the necessary points and inconsistency with the requirements that are spelled out in the Civil Code of the Russian Federation and apply to transactions.
