DONATION

What is a donation?

In the Donation contract, one person, the Donor, gives something free of charge to another person, called the Donee. The donee receives a property benefit without owing anything in return. By its nature, the donation contract is a one-sided contract. A contract because both parties agree that one party will cede/donate and the other party will accept the donation. The contract is one-sided, since an obligation under the donation contract arises only for one party.

Who can donate?

A donation can be made by:

1. any natural person who must be the owner of what will be donated at the time of donation must be an adult and able to act;

2. any legal entity, through its representative.

Form of donation

The form of donation is different depending on the object of donation.

1. in case of donation of immovable property - a notarial deed for donation of immovable property is required;

2. in the case of a donation of movable property and money - the donation was made by the simple delivery of the property or by a written contract with notarization of the signatures;

3. when donating valuable books:

• by giro - for promissory note books and registered shares;

• by simple transfer - for valuable books to a carrier;

• by assignment - in other cases.

Invalidity of donation

The donation is invalid when:

1. has a future object as its subject;

2. the donor is not the owner of the thing or the right he is donating;

3. the donation or the reasons why it was made contradict the law or good morals;

4. the conditions or burden in the donation contract are impossible / for example, the donor wishes to be buried on another planet after his death/;

5. the donor has not reached the age of majority or suffers from a mental illness that does not allow him to perform valid legal actions on his own.

The promise of donation does not give rise to any legal obligation for the donor, and in this regard, the conclusion of a preliminary donation contract would be completely non-binding on the parties.

Obligation and responsibility of the donor

After concluding the donation contract, the Donor is obliged to hand over the donated property, unless he has handed it over, when a notarial form is not required.

The donor is not responsible:

1. if third parties have rights to the donated and can claim them against the donee;

2. if there are deficiencies in the donated property.

Responsibility can be sought from the donor only when he knew about existing defects of the item, but did not inform the donee and damages were caused to him.

Conditions for canceling the donation

Under the Obligation and Contracts Act, a donation can be revoked when:

- the donor intentionally kills or attempts to kill the donor, his spouse or is an accomplice in such a crime;

- the donee persuaded the donor to commit a crime punishable by imprisonment for not less than three years;

- the donee refuses to give the donor maintenance that the latter needs.

The donation can be revoked:

1. within 1 year from the establishment of the grounds described above with the filing of a claim;

2. upon establishing a damaged part of the inheritance, reserved by law for children, spouse or parents.