Donation contract

Nature of contract donation

The legal framework contract donation is the Law on Obligations and Contracts (LOC). According to the definition of contract donation donor retreat immediately and free of charge something donations, which it accepted.

It is unilateral and gratuitous contract. Unilateral's because the conclusion obligations arise only one of the parties but is gratuitous because it does not involve the exchange of equivalent benefits and there is an endowment plan. The form of the contract depends on the subject matter.

Like any contract, the donation is a two-way deal. For the contract to be fact, it is the presence of two wills, the content to match and form a consensus. The first of these should include gratuitous transfer of property or other right, and the second - an agreement to obtain this right. Countries of the parties' intention is to come, commonly called donor and gifted, depending on the content of expression, they do.

2. Object of contract

The contract for donation transferred property or contractual rights, not obligations. Can be transferred movable and immovable property, cash, receivables or securities. Art. 226, para. 2 LOC however introduces limitation that can not be donating future property. Failure to comply with this prohibition leads to the nullity of the contract. Null is also the promise of a donation. Regarding the donation of another's property in the Bulgarian case law occur decisions that it is actually, but can not oppose the owners of the property.

3. Features

3.1. On Contract

First, the contract of donation is always consensual and formal when it comes to transfer of ownership and property rights over immovable property. This transfer is always done in the form of a notarial deed and ownership passes gifted at the conclusion of the contract. Likewise is the issue and certain movable property for which the law requires a special form of transfer of ownership such as registered cars (written with notarized signatures).

The second feature is related to the donation of securities. It should also be done in a proper way for their transfer. Bearer securities are transferred through the most commonly transmit these notes - with endorsement and named - by cession.

The principal position, which are subject to all of the above cases is that the donation is done in the form in which it is transferred to the appropriate law.

Form contract for donation in all other properties can be selected by the parties - or writing with notarized signatures, such as rights in this case pass into the patrimony of gifted from the time of conclusion of the contract, or by simply transmitting property of gifted, without requiring any form. The lack of a notary signature selected in writing of the contract entail its nullity.

Donating contractual claims also reveals its specifics. Basically it is done by assignment. Just like chattel, making can also be transmitted. This can be done either by letter that the donor addressed to the debtor, and informs him that bestowed its claim and the debtor should consider obligation no longer to it - the donor and to the gifted, either by notice to the Bank, to transfer part of his deposit in the deposit to a third party.

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Attorney at law Iuila Danova

#3, Dobrotica Str., Varna, Bulgaria

Mob: +359 895 64 59 40

WWW: advokatvarna.com

Email: iulia.danova@abv.bg