The Donation Agreement

The subject is extensive and there would be a lot to add

Today's article is about a sensitive subject: the donation contract.

As the law states, donation is the contract whereby a person, in freedom and at the expense of his or her assets, disposes of something, a right or assumes an obligation for the benefit of the other party, free of charge.

Now, donation is nothing more than a contract by which a person gives a certain good to another, freely renouncing his property.

With the donation, there is a transfer of assets from the legal sphere of the donor to the legal sphere of the donee, so that, with the enrichment of the donee, the impoverishment of the donor is assumed.

The donation requires acceptance by the grantee. Until acceptance occurs, it is nothing more than a proposal that can be freely revoked. Hence, the donation is a bilateral contract, that is, it requires the will of two parties: donor and recipient.

To make a donation, and although the law stipulates the characteristics and conditions of this contract, we must always pay attention to the following:
– The donation cannot be made on future goods;
– The donation is an inter vivos contract;
– The donation is a free contract.

Due to its personal nature, the donor cannot attribute to another person the power to designate the recipient, nor determine the object of the donation. It should also be noted that due to their personal nature, the legal representatives of the incapable cannot make donations on their behalf.

The donation can be pure, that is, the donation contract is signed by the donor and accepted by the recipient, without any conditions or charges, the recipient becomes, from that moment, owner of the donated asset, without any limitation.

But the donation may be subject to certain conditions or charges. For example, we are dealing with a donation with conditions when the donor stipulates the reversal of the donated thing, which is only allowed upon the death of the donor or his descendants.

We are faced with a donation with charges when the donor imposes charges on the recipient, which may be the obligation of the recipient to take care of the donor or another person, to pay certain debts of the donor or, even, to pay alimony. Even so, the donation does not lose its free character.

The donation also allows the donor to reserve for themselves the enjoyment of the good they donate. Although the property leaves its legal sphere, the donor can reserve for himself the possibility of enjoying the property.

The subject is extensive and there would be a lot to add. There are, however, two important notes: the nullity of donation between married couples, as long as the mandatory regime of separation of property is in force between the spouses, and legal representation in donations. Parents, as legal representatives of their children, cannot accept donations with charges for them without being duly authorized by the court.

If you are considering making a donation, seek advice from a Solicitor, a professional qualified to clarify the various modalities of this contract.

 

 



Comments

Ads