HOW TO DISPUTE A DONATION? ACTION ALGORITHM

How to dispute a donation agreement? This issue is relevant when situations arise in which the donor is not satisfied with the terms of the gift agreement or believes that his interests have been violated. Therefore, knowing the procedure for appealing a donation agreement can be useful to those who find themselves in a similar situation.

Let's describe the algorithm of actions that will help you appeal the donation agreement:

Step 1. Familiarization with the terms of the donation agreement

Read the terms of the donation agreement. Read the contract and check whether all the conditions in it comply with the law. It is important to note that the donation agreement must be concluded in writing, with the signatures of the parties and with the date of conclusion.

Step 2. Consultation with a lawyer

If you have a suspicion that the donation agreement was concluded in violation of the law, you need to contact a qualified lawyer. He will advise you on legal options and advise you on the best ways to challenge the contract.

Step 3. Gather evidence

Gather all the evidence that proves a violation of the law or other shortcomings of the contract. For example, it can be witness statements, documents, photographs, videos, audio recordings, emails, and so on.

Step 4. Preparation of an application for the cancellation of a donation agreement

If you have enough evidence to appeal the agreement, you can draw up an application for the cancellation of the donation agreement and submit it to the appropriate authority. The application must state in detail all the circumstances that indicate a violation of the law or shortcomings of the contract, as well as provide all the necessary evidence that you have collected. The application must contain the following information:

• Full name and contact details of the person making the application.
• Date of conclusion of the donation agreement, its number, as well as the name and location of the organization that issued the agreement.
• Description of the circumstances indicating a violation of the law or shortcomings of the contract.
• List of documents that are attached to the application (witness testimonies, documents, photographs, video recordings, audio recordings, etc.).
• Demand to cancel the donation agreement and return the property.

Step 5: Apply

After preparing an application for the cancellation of a donation agreement, it should be submitted to the appropriate authority or court. As a rule, the application is submitted to the court at the location of the organization that issued the contract.

Step 6. Participation in the litigation

After submitting the application, you become a participant in the litigation. The court will set a date for a hearing during which all the evidence and circumstances presented in the application will be considered. During the trial, it is important to present all the evidence confirming your right to appeal the donation agreement.

Step 7.  Declaring the Solution

After considering all the evidence and circumstances, the court announces the decision. If the court decides to cancel the gift agreement, then the property transferred under the gift agreement is returned to the donor. If the court rejects the application for the cancellation of the donation agreement, the donor may file an appeal with the highest judicial authority.

Step 8: Execute the Solution

If the decision to cancel the donation agreement is made, then the organization that issued the agreement must return the property to the donor. If the organization refuses to comply with the court decision, the donor may apply to the executive body with a request to enforce the court decision.

If you need help in challenging the donation agreement, please contact the Prikhodko & Partners Law Office. Our team will be happy to provide you with qualified advice on this issue, as well as prepare the necessary package of documents, if necessary, go to court. Contact us!