Фото: Refusal of the gift contract

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Kletsko Tina

Family law lawyer. She specializes in divorce and inheritance cases.

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Refusal of the gift contract

Reading time: 4 min.

Have you gifted any movable or immovable property to a person under a gift agreement, but regret this decision? It is not a problem, because you have the right to terminate the donation agreement on the grounds established by the current legislation.

Therefore, in this article, we will talk in detail about the specifics of the refusal of the gift contract, taking into account the normative legal acts of Ukraine.

What should be understood by the gift contract?

The provisions of the Civil Code of Ukraine indicate that a gift contract should be understood as an agreement expressed in the fact that the donor is ready to transfer the property (gift) to the recipient free of charge now or in the future - Part 1 of Art. 717 Central Committee.

Therefore, it can be said that the very conclusion of the donation agreement between the parties indicates that the donor terminates his ownership of the property and transfers it to the recipient.

The gratuitous basis of the donation contract is that the donor cannot demand the donee to perform any actions in his favor. Since, if the performance of a non-property or property obligation is specified in the text of the contract, it cannot be considered a donation contract (Part 2 of Article 717 of the Civil Code).

How can I cancel the donation contract?

Today, the CCU identifies the following grounds for terminating the donation agreement, namely:

  • With the voluntary consent of both parties to the contract;
  • If the citizen wishes to terminate the contract unilaterally. However, there is a nuance. Such a refusal is possible only when the donor is obliged to transfer the gift not immediately, but in the future;
  • According to the decision of the judicial authorities, if one of the parties to the contract so requests.

That is, only the parties to the contract can refuse to perform the donation contract by terminating it since third parties are not endowed with such a legal right.

What are the grounds for terminating the gift contract at the donor's initiative?

  • If the direct object of the donation contract is immovable property or any other valuable property, then a person has the right to demand the termination of this contract in the event that the donee encroached on the life, health, and property of the donor, his parents, legal wife (husband) or children, by committing an intentional criminal offense. In addition, in the event of the donor's death, the right to demand termination of the contract passes to his legal heirs.
  • If the recipient does not use the gift carefully it can be irrevocably destroyed (that is, it is such that it cannot be restored). In addition, such a gift must have a great non-property value for the giver.
  • If the donee does not carefully use the gift, which can be destroyed, lost, or significantly damaged, and at the same time it constitutes a special cultural value for the donor, then in this case the contract can be terminated.

Importantly! If the donee did not keep the gift received under the donation contract, in such a situation it will not be possible to terminate this contract at the donor's initiative (Part 4 of Article 727 of the Civil Code). However, if the donation contract was nevertheless terminated and the donated property was preserved, then the recipient returns the gift in kind (Part 5 of Article 727 of the Civil Code).

If you want to terminate the donation agreement, then in this case you need the help of proven specialists - the Prykhodko and Partners law firm.

Our team of lawyers has practical experience in the field of inheritance law in Ukraine, and therefore we know how to solve any problem related to this branch of law. The result upon application is guaranteed. Do not delay and contact our company!

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Family law lawyer. She specializes in divorce and inheritance cases.

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