By EasyHow

How to cancel a contract of donation

The contract of donation may be terminated at the request of the donor. And the court such cases provide. So if you signed someone the deed, and then changed his mind for a number of reasons, you can cancel the deal.

You will need

the contract of donation

Instruction

The contract of donation, according to the current civil law in Russia, it is impossible to "terminate", it can only "cancel". But the term "termination of the contract of donation" quite often found in legal terminology. Termination this contract may occur for a number of reasons. This occurs when the donee has committed an illegal act of attempt at life of the donator or members of his family or to the person in whose name signed the contract of donation, inflicted bodily injuries to the donor. Also the contract is terminated, if the one who was given the thing, treating her inappropriately, for example, so that it can be destroyed. The gift can be returned when the contract of donation stipulates a clause stating that the giver gets the thing back if he survives the donee person. Another reason to cancel the contract of donationis as follows: if, after signing such a contract and the transfer of the property to the donee, the donor changes drastically for the worse financial situation. This usually happens when the subject of donation is the living space.

In addition, the contract of donation may be cancelled at the personal request of the person this gift was intended. Only to refuse necessary before the transfer of property to a new owner.

Also the law provides other options to cancellation of the contract of donation. This can be, for example, the recognition of invalidity of the transaction. This often happens when under a contract of donation trying to disguise the transaction of purchase and sale.

The contract of donation can be considered invalid and in this case, as the fact that the donation is provided only after the death of the donor. Also, if the text of the Treaty there is mention that the donee receives a gift for what he in exchange makes some action at the request of the donor or the donor had to sign a contract, but did not register it, the contract is easy to cancel. Therefore it is necessary very carefully to observe the terms of filling out, signing and registration of the agreement. And also remember the fact that if people wanted to donate, so it is good for you, and so behave towards him and his gift should be very cautious.

Note

Cancellation of donation. The donor may revoke the gift if the donee has committed an attempt on his life, the lives of his close relatives or family members, or intentionally caused the donor bodily harm. The contract of donation may be due to that if the donor survives the donee, the contract may be cancelled.

Useful advice

The reason for the cancellation of donation. For its popularity and the frequency of conclusion of the contract of donation, otherwise the donation, is not inferior to other common types of civil contracts. In this respect, Russian legislation provides for a whole Chapter of the Civil code (No. 32), includes ten articles (from 572 through 582 points) that govern this transaction.