Cancellation of donation

Cancellation of donation

Donation contract

    When a donation contract is made, the donor transfers his ownership of, for example, an apartment or a donation car (to another person). The donor assumes absolutely no obligation to the donor, provided he accepts the donation. But he is morally obliged to be grateful to the donor. How to cancel a donation There are 3 ways in which a donation can be canceled.  If the donor intentionally kills or attempts to kill the donor, the donor's spouse or child, or is complicit in such a crime; if the donation is in a state of inaccuracy, ie. because of a mental disorder he does not understand the nature of his actions, his actions will not justify the cancellation of a donation;  If the donation charges the donor with a crime, for which the donor will be punished by imprisonment for more than 3 years - for example murder, rape, theft, fraud, etc .;  If the donor refuses to provide the maintenance the donor needs. There are two types of donations that cannot be undone.  Occasions where it is typical to give gifts - birthday, wedding, baby, Christmas, etc. Quite the usual donations.  A donation by which you, as a donor, express your gratitude for a donation is a kind of rewarding donation. These are the other types of donations. Cancellation of donation procedure In case of cancellation of a donation, a claim must be filed with the court within 1 year after the reason for the cancellation is understood. If a donation is made but the donor dies, his or her heirs can also make a claim. The most common reason for a cancellation of a donation is the refusal by the donor to support the donor. If the donor finds himself in need, he has the right to claim support from the donation. Provided that the donor refuses to provide support, the donor has reason to cancel the donation. In order to cancel a donation, several conditions must be met. Under the first condition, you should not be able to support yourself from your own income and property. To determine whether you are in need, he usually takes that into consideration.  your personality and specific needs - whether you are young or old; whether you are ill or healthy;  all your income - salary, pension, social security benefits, savings;  the opportunity to make extra profits - for example, rental income and real estate sales. The court will compare the amount you have with the amount you need to cover your needs, and so will evaluate whether you need maintenance. The second condition is that you have requested support from the donated person no matter how the invitation is made. It is important that donations are kept informed. The third condition is that the donor has refused to give you alimony. A donation is not obliged to give you support if it is not possible to support yourself and those who depend on it (these are most often your children). This refusal would be in the absence of sufficient donations rather than ingratitude. In this case there can be no reason to cancel the donation contract. If the court authorizes the cancellation of the donation, the donation must return the donation. The donation has been sold. What now? You can claim a cancellation of the donation. Because the person who sold the donation acquired the property right before claiming it in the record books, you cannot return the donation physically.In the event that the court authorizes the cancellation of the donation, the donation will owe the donor monetary compensation, that is, to you. Prevention of the sale of the donated The sale of the gift can be prevented by entering the books of the records before the donation attempts to sell the apartment. In such a case, the claim for cancellation of the donation will be as a burden on the property. The donation can be sold to a third party. But in this case, the third party will have to comply with this burden. Upon successful cancellation of the donation, he will be obliged to return the donation physically. If a donation is a car instead of an apartment, there is no way to prevent donations from selling it.