Legal Encyclopedia. Letter D

DONOR

- One of the parties to the contract of donation in the civil law, which donates or undertakes to transfer to the other side, called the donee, the thing in the property, or a property right to itself or to a third party, either frees or undertakes to release the donee from property liability to itself or to a third face.

D. can act as citizens and legal entities, as well as state and municipal entities. The state has the right to make the donation not only generally useful purposes, but also in private.

Motives of fulfillment D. donation to the donee may be different. These include the desire to show their positive attitude to the donee, the desire to help him in anything, or to thank him.

The contractual condition of acceptance will characterizes the obligation to transfer DV gift. This obligation of the donor can be performed only as long as the donee

the person has not accepted a gift from D.

Incapacitated citizen may enter into agreements giving only through its direct caregiver. On my own behalf incapacitated citizen can make donations only ordinary gifts of small value, but the right to receive a gift from them by cost no guardian or other frames is not limited.

A person found in accordance with the law partially capable, young persons under 14 years of age and minors under the age of 18 years, may act only as individuals donee under the contract of donation.

Liability in the contract giving the citizens are minors their legal representatives, and on gift contracts concluded by minors - those citizens themselves.

It is not allowed giving gifts of commercial organizations engaged in entrepreneurial activity for profit, if the gift value exceeds 5 times the minimum wage.

The main responsibility of AD under a contract of donation is the gift of the transfer in favor

donee entity. One of the most important rights is the right to D. refusal to perform consensual contract of donation (Art. 577 of the Civil Code). This right arises if after the conclusion of the contract of property or marital status or health status D. changed so that the execution of a prisoner donation agreement is already in new conditions will lead to a significant reduction in material standard of life.

D. also has the right to refuse to perform consensual giving a contract containing a promise to pass in the future, the donee a thing or right or to release the donee from property obligation in the following cases:

1) if the donee the person has committed an attempt on the life of D., the life of any of his family members or close relatives, or intentionally caused bodily injury D.;

2) Kill D. donee. In this case the right to demand in court the cancellation of donation belongs to the heirs D .;

3) if the donee treats donated thing so that such treatment constitutes a threat irretrievable loss of the things. The essential requirement is large

Gift of non-property value for D.

D. will be responsible for defects only if it is proved that these defects of the thing appeared before the delivery of the thing or property right to the donee entity.

At the same disadvantages should not be an explicit and DA at the time the gift was to know about them, but did not warn about such shortcomings donee at the conclusion of the contract of donation. On the basis of this liability is based on fault principles D.

The contractual condition of acceptance will characterizes the obligation to transfer DV gift. This obligation AD can be performed only as long as the person has not taken the donee gift from D.

As a result of the refusal of the donee to accept the gift D. right to demand from the donee face damages caused by the refusal of the donee to accept the gift. This liability arises only in case of signing the contract of donation in writing and is limited to compensation for the actual damage.

Unless otherwise provided by agreement of the parties, the duty D. consensual agreement giving passes to his heirs.