The Peculiarities of Donation Contracts Andrii Nechyporenko comments for “Snidanok z 1+1”


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The Peculiarities of Donation Contracts Andrii Nechyporenko comments for “Snidanok z 1+1”


19-11-2008

A donation contract – is a contract according to which one side gives or obliges to give in future the ownership property right to the other side. The donor can’t get a profit out of this contract such as a payment or any other goods for himself. But still he can make some terms. For example, he can donate a flat under the stipulation that in this flat the other person will live besides gifted side. One of the terms can be prohibition to alienate the property in certain person’s favour.

In case of default the donor has the right to dissolve the donation contract and demand restitution or replacement of value.

The donor has right to demand donation contract dissolving if the gifted one have committed intended crimes such as deliberate damage of donator’s property, health hazard, severe injuries, premeditated murder of donor’s relatives (parents, wife/husband, children) or of the donor himself.

The donation contract can be dissolved if some acts of the gifted one can cause explicit threat and irreparable loss of gift which has a great non-property value for the donor.

The donor has right to demand donation contract dissolving if the gifted ones carelessness against object can cause serious damage or destroy it. But these aspects refer only to such objects which has historical, scientific or cultural value.

The demand to dissolve the contract is possible if the gifted object is in undamaged state. The contract dissolving entails restitution of the gift.




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