Chapter 32. Donation.
Article 572. The contract of donation.
1. Under a donation contract, one party (donor) donates or undertakes to transfer to another party (donee) the property or property right (claim) to himself or to a third party or exempts or undertakes to release it from property obligation to himself or to a third party. .
If there is a counter-transfer of a thing or a right or a counter-obligation, the contract is not recognized as a gift. The rules provided for by paragraph 2 of Article 170 of this Code shall apply to such a contract.
2. A promise to donate a thing or property right free of charge to someone or release someone from property obligation (promise of donation) is recognized as a donation agreement and binds the promiseor if the promise is made in the proper form (Article 574 paragraph 2) and contains a clear intention to commit future free transfer of property or rights to a particular person or release him from his property obligation.
A promise to donate all your property or a part of all your property without specifying a specific gift item in the form of a thing, a right or an exemption from the obligation is void.
3. A contract providing for the transfer of a gift to a donee after the death of the donor is void.
The rules of civil law on inheritance apply to such donations.
Article 573. Refusal of the donee to accept the gift.
1. The donee shall have the right at any time prior to the transfer of the gift to him. In this case, the deed of gift is terminated.
2. If the contract of gift is concluded in writing, the refusal of the gift must also be made in writing. In the case when the gift agreement is registered (clause 3 of Article 574), the refusal to accept the gift is also subject to state registration.
3. If the donation contract was concluded in writing, the donor has the right to demand from the donee compensation for actual damage caused by the refusal to accept the gift.
Article 574. The form of the contract of donation.
1. A gift accompanied by the transfer of a gift to a donee may be made orally, except as provided for in paragraphs 2 and 3 of this article.
The transfer of the gift is carried out by means of its delivery, symbolic transfer (handing keys, etc.) or the delivery of title documents.
2. The contract of gift of movable property must be made in writing in cases where:
the donor is a legal entity and the cost of the gift exceeds five minimum wages established by law;
The contract contains a promise of donation in the future.
In the cases provided for in this paragraph, a gift agreement made orally is void.
3. The contract of donation of immovable property is subject to state registration.
Article 575. Prohibition of donation.
Donations are not allowed, with the exception of ordinary gifts, the value of which does not exceed five minimum wages established by law:
1) on behalf of minors and citizens recognized as incapable, their legal representatives;
2) employees of medical, educational institutions, institutions of social protection and other similar institutions, citizens who are in them for treatment, maintenance or upbringing, spouses and relatives of these citizens;
3) public servants and employees of municipal bodies in connection with their official position or in connection with the performance of their official duties;
4) in relations between commercial organizations.
Article 576. Restrictions on donations.
1. A legal entity to whom a thing belongs under the right of economic management or operational management is entitled to donate it with the consent of the owner, unless otherwise provided by law. This restriction does not apply to ordinary gifts of low value.
2. Donation of property in common joint ownership is allowed with the consent of all the participants in joint ownership in compliance with the rules provided for by Article 253 of this Code.
3. The donation of the right of claim belonging to the donor to a third party shall be subject to the rules provided for in Articles 382-386, 388 and 389 of this Code.
4. Donation by means of the execution of the donee to his third person is subject to the rules provided for by paragraph 1 of Article 313 of this Code.
The donation by transferring the donor’s debt to a third person to the third party is carried out in compliance with the rules provided for in Articles 391 and 392 of this Code.
5. A power of attorney to make a gift by a representative in which the donee is not named and the subject of the gift is not specified is void.
Article 577. Refusal to execute a gift contract.
1. A donor has the right to refuse to perform a contract containing a promise to transfer a thing or a right to a donee in the future, or to release a donee from a property obligation, if after entering into a contract the property or marital status or donor’s health has changed so much that the execution of the contract in the new conditions will lead to a significant decrease level of his life.
2. A donor shall have the right to refuse to perform a contract containing a promise to transfer a thing or a right in the future to the donee, or to release the donee from his property obligation, on the grounds giving him the right to cancel the donation (clause 1 of Article 578).
3. The refusal of the donor to perform the contract of donation on the grounds provided for by clauses 1 and 2 of this article does not give the donee the right to claim damages.
Article 578. Cancellation of a gift.
1. A donor has the right to cancel a donation if the donee has committed an attempt on his life, the life of one of his family members or close relatives, or has deliberately caused the donor injuries.
In the event of the intentional deprivation of the donor’s life, the right to demand that the donation be canceled in a court belongs to the heirs of the donor.
2. A donor shall have the right to demand in court to abolish the donation, if the treatment of the donee with a donated item that represents a great non-property value for the donor poses a threat to its irretrievable loss.
3. At the request of the interested person, the court may cancel a gift made by an individual entrepreneur or a legal entity in violation of the provisions of the law on insolvency (bankruptcy) at the expense of funds related to its business activities within six months preceding the declaration of such person insolvent (bankrupt).
4. The donation contract may stipulate the right of the donor to cancel the donation in case he outlives the donee.
5. In case of cancellation of a gift, the donee is obliged to return the donated item if it was kept in kind at the time of the cancellation of the gift.
Article 579. Cases in which the refusal to execute a gift contract and the cancellation of a gift are impossible.
The rules on the refusal to execute a gift contract (Article 577) and on the cancellation of a gift (Article 578) do not apply to ordinary gifts of low value.
Article 580. Consequences of harm due to deficiencies of the donated thing.
Harm caused to life, health or property of a donee as a result of deficiencies of a donated item shall be reimbursed by the donor in accordance with the rules provided for by Chapter 59 of this Code, if it is proved that these defects occurred prior to the transfer of the thing to the donee, are not explicit and donor, although and knew about them, did not warn the donee about them.
Article 581. Succession at the promise of donation.
1. The rights of a donee to whom a gift is promised under a gift agreement shall not be transferred to his heirs (assignees), unless otherwise provided by the gift agreement.
2. The obligations of the donor, who promised the gift, shall be transferred to his heirs (assignees), unless otherwise provided by the contract of gift.
Article 582. Donations.
1. A donation is a gift of a thing or right for generally useful purposes.
Donations can be made to citizens, medical, educational institutions, institutions of social protection and other similar institutions, charitable, scientific and educational institutions, foundations, museums and other cultural institutions, public and religious organizations, as well as the state and other subjects of civil law specified in the article 124 of this Code.
2. To accept a donation does not require anyone's permission or consent.
3. Donation of property to a citizen must be, and to legal entities may be caused by the donor the use of this property for a specific purpose. In the absence of such a condition, donation of property to a citizen is considered an ordinary gift, and in other cases donated property is used by the donee in accordance with the purpose of the property.
A legal entity accepting a donation, for the use of which a specific purpose has been established, must keep separate records of all operations for the use of donated property.
4. If the use of donated property in accordance with the purpose indicated by the donor becomes impossible due to the changed circumstances, it can be used for another purpose only with the consent of the donor, and in the event of the death of the donor citizen or liquidation of the legal person - donor by court decision.
5. The use of donated property not in accordance with the purpose specified by the donor or changing this purpose in violation of the rules provided for in paragraph 4 of this article entitles the donor, his heirs or other assignee to demand the cancellation of the donation.
6. Articles 578 and 581 of this Code do not apply to donations.
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