The gift contract of a residential property relates to the operations of alienation of property
A number of examples where someone, giving someone a property, tried to appeal his decision or his family tried to cancel the deed. In some cases such actions is to recognize the deed invalid?
The portal Domik.ua have proanalizirovan cancellation policies, deed, contracts of donation of real estate.
The gift contract of a residential property relates to the operations of alienation of property committed by the donor at his initiative.
Ukrainian legislators took note that the voluntary expression of will may occur under the influence of emotions and negative circumstances. To respect the rights and interests of citizens in the current set of Ukrainian laws provide for protective restrictions.
Who has the right to give property
Rules for donating a residential property regulated in the Civil (CCU) and Family codes of Ukraine (UWC). In paragraph 1 of article 717 of the civil code provided that the contract of gift one party free transfers or undertakes to transfer in the future the other side of the property. In part 3 of article 65 of the SSI takes into account the feature of donation of real estate, which belongs to the spouse on rights of joint ownership. The notary assured such agreements with the written consent of one of the spouses.
The contract, which requires the recipient to commit in favor of the giver any action of property or non-property nature is not a deed of gift.
Legislators klassificeret giving as a voluntary action. At the state registration of such contracts require the confirmation of full civil capacity of the donor.
In part 1 of article 30 of the civil code States that civil capacity has an individual who is aware of the significance of their actions and can control them.
Civil capacity of physical person is the ability to:
their actions acquire civil rights and independently to implement them;
their actions create for themselves civic duties to perform them;
be liable in case of failure of their civic duties.
Partial capacity is a person under the age of 14 years who has the right to make small household contracts concerning items of small value for such purposes:
to meet the household needs;
to provide spiritual and social development.
Incomplete civil capacity has a person aged 14 to 18 years, which has such a law:
to dispose of their scholarship, the earnings or other income;
independently exercise the right to the fruits of their intellectual and creative activity protected by law;
to be a member/founder of the legal entity, unless prohibited by law or the articles of Association of the legal entity;
to enter into the agreement Deposit account and to dispose of the contribution in your name and funds in the account.
In accordance with the provisions of article 34 of the civil code, citizens with full civil capacity is a physical person of at least 18 years of age.
Full civil capacity may be granted to a physical person before achievement of age if he was 16 years old. In article 34 of the civil code provided such early recognition of full civil capacity:
a natural person has attained the age of 16 years and working under an employment contract;
a natural person has attained the age of 16 years and recorded in a civil status act, the mother or father of the child;
a natural person has attained the age of 16 years and intends to do business. With the written consent of parents, adoptive parents or guardians, such a person may be registered as an entrepreneur. In this case, the person acquires full civil capacity from the moment of state registration as an entrepreneur. If the individual broke the contract of employment or ceased business activity, provided he is a full civil capacity remains.
The granting of full civil capacity, in accordance with the provisions of paragraph 2 of article 35 of the civil code. It is the decision of body of guardianship or trusteeship at the request of the interested party and with the written consent of parents, adoptive parents or guardian. In the absence of such agreement, the full civil liability may be granted by the court.
Restrictions on the donation
Restrictions on committing deeds of gift relate to the protection of property rights of minors and minor children and persons of limited legal capacity who are under state guardianship. In article 36 of the civil code provided that the court may limit the capacity if the individual suffers from a mental disorder that significantly affects his ability to realize the significance of their actions and/or to manage them. Over the physical person whose civil capacity is limited, guardianship.
The guardian is not entitled to make agreements with property of a person without the permission of the guardianship. In the restrictive list for the occasion included the treaties that go beyond domestic operations and correspond to such characteristics:
subject to notarization and registration in the state register;
the forsaking of the property rights of the ward person;
affect the division of property belonging to the ward’s person.
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A gift agreement with the obligation to transfer immovable property, in the future, should be made in writing. A feoffment without drawing up a written contract is considered void.
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