How do I cancel a donation?

How do I cancel a donation?

 

Years ago I gave my son an apartment to live with his wife and children. Since then, however, our relationship has started to deteriorate and I have recently seriously quarreled with him. I think the situation will not improve and I want to get back home. What can I do about it?

 

What do I need to know about the donation contract?

When I sign a donation agreement, I (the donor) immediately transfers my property to a property, such as an apartment or a car, to another person (donations). The donation contract is free of charge. This means that the donor does not take any obligations to me if he accepts the donation. But he has a moral obligation to be grateful to the donor (to be grateful or not to be grateful to me).

 

Can I cancel a donation?

Yes, there are 3 cases where I can cancel a donation.

 

When can I cancel a donation?

I can cancel a donation if the donate:

 

deliberately kills or attempts to kill me, my wife or my child, or is an accomplice to such a crime - it is important to know that if the donor is in a state of insanity, that is, because of a mental disorder he does not understand the essence of his actions, his actions will not be grounds for canceling a donation;

accused me of a crime for which I can be imprisoned for more than 3 years - for example, murder, rape, theft, fraud, etc .;

refuses to give me the support I need.

It is important to know that I can not cancel 2 types of donation:

 

the usual donations - birthday gifts, wedding, baby birth, Christmas and all other occasions when a typical gift is given;

rewarding donations - this is a donation that I, as a donor, express my gratitude for donations. For example, last week I forgot my wallet and phone in a taxi. But the driver contacted me to get them back, and I insisted on giving him 20 leva to buy. This is a kind of rewarding donation.

What is the procedure for canceling a donation?

If I want to cancel a donation, I have to file a lawsuit within one year of my understanding of the ground for revocation.

 

NB! If I have made a donation but died, my heirs can also bring such a claim.

 

In practice, the most common reason for someone to seek a cancellation of a donation is the donation refusal to grant donor support. If I'm in need, I can ask for donations. If he refuses my maintenance, I may have a reason to cancel the donation. However, there are several conditions that must be met to cancel the donation.

 

First: I must be in need. To be in need means to be unable to support my own income and property. In order to determine the court whether I am in need or not, it will usually take into account:

 

my personality and specific needs - for example, whether I am young or old; whether I am sick or healthy;

all my income - salary, pension, social benefits, savings;

the opportunity to make extra profits - such as rental income and property sales.

After determining what amount I have, the court will compare it with the amount that is needed to cover my needs to decide if I need maintenance.

 

The second condition is that I have requested maintenance from the donated person. It is usually irrelevant whether I have made my invitation in oral or written form - it is important for the person to know about her.

 

The third condition is that the donor refuses to give me support. The refusal may be explicit ("I will not give you anything!") Or indefinable (for example, the donor promises me that he will give me maintenance, but he does not give it to me or completely ignore my claim for support). However, the donate is not obliged to provide me with support if she can not afford to support herself and the persons who depend on it (usually her children). The donate may refuse me because she does not have enough money, not ingratitude. In that case, his refusal can not serve me as a reason to request the cancellation of the donation contract.

 

And will the court always cancel the donation for lack of support?

It is important to know that the conditions described above are only an overview of the factors that affect the process of donation cancellation. When the court handles a case for termination of a donation agreement on grounds of refusal to support, it will examine and take into account all the circumstances of my particular case. Therefore, it is practically impossible to predict whether the court will cancel my donation or not.

 

What happens if the court authorizes the cancellation of the donation?

In this situation, the donor has to return my donated (eg apartment or car).

 

What should I do if my donation is sold?

Horror! I realized that my son not only did not use the apartment I had given him, he even sold it to some sort of Ivan! In which case can I cancel the donation?

 

Yes, in this case, I can also claim to cancel the donation. However, in this situation, Ivan acquired title to the apartment before my claim was entered into a book