Instruction
1
To challenge the contract of donation you can in the following cases: if the donee attempted to donor (caused serious bodily injury); if you do not ustaivayte treatment bestowed with the thing you gave him; the court to declare the transaction null and void; if in the deed of gift specified that the transaction is canceled in case of death of the donee.
2
In practice, to cancel the deed is very difficult, because you need to prove the circumstances that require termination of the contract of donation. The reason that affect chargeback, are the facts pointing to its illegality. For example, a contract of donation was concluded under pressure as a result of blackmail, deception, or the person that makes the gift, not aware of their actions.
3
To the transaction was declared null and void or to terminate the contract of gift in court, gather all the facts about this. This can be a certificate from the hospital about causing bodily harm to the donor; a copy of the police report; certificate of recognition of the donor is incapacitated, etc.
4
You can try to prove that written and signed agreement of donation does not meet the requirements specified in the legislation of the Russian Federation. For example, not complied with the requirements of the civil code to the transaction form.
5
Serve the statement of claim in court. According to article 131 of GPK of the Russian Federation it should be specified the name of the court, the claimant (name, address), name of the Respondent, the circumstances underlying the claim, evidence, what specifically violated the rights of plaintiff, costs of suit, the list of attached documents. If the statement is correct, within 5 days the judge will make a determination on initiation of civil proceedings. In case of incorrect filling of the document possible failure in the making or a refund. In case of refusal you will make a determination, in connection with which refused to Institute civil proceedings. Refund most often occurs in the jurisdiction of the case to this court.