Legal Encyclopedia. The letter P

DONATION

- Donation, committed to the common interests of an indefinite number of persons pursuing generally useful purpose.

Donation can act as a real contract, as well as a consensual contract (promise to donate).

Subject P. contract includes only the things and property rights and excludes exemption from estate duty. The reason for this exclusion is quite obvious: after the release of the donee from property obligation is always carried in his own immediate interests and not in all cases aimed at the achievement of non-profit purposes.

Subjects of the contract II - citizens, legal persons. Donations may 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. On acceptance of the donation does not require anyone's permission or consent. Donation of property to a citizen must be a legal person may be due to the use of the property by the donor for a specific purpose. In the absence of such condition the property is considered ordinary citizen donation donation, while in other cases, the donated property is used by the donee in accordance with the purpose of the property.

Legal entity receiving the donation, for which established a definite purpose, must keep separate accounting of all transactions for the use pozhertvovovannogo property. If the use of donated property in accordance with the purpose indicated by the donor becomes due

changed circumstances impossible, it can be used for other purposes only with the consent of the donor, and in the case of death of a citizen-donor or liquidation of the legal entity - the donor by the court. The use of donated property

not in accordance with the purpose indicated by the donor or the change of purpose entitles the donor, his heirs or other legal successor to demand the abolition of the donation.

It should be noted that the contractual obligation of the donee P. face on the use of property only generally useful purposes is always present. At the same time in the contract P. citizen this obligation is modified to use the gift of the duty on the particular purpose specified by the donor.

If the condition of a particular direction will use the contract P. absent, the donee entity is required to determine their own ways

Use will generally useful purposes, which would not contradict the purpose of the property.

Establish responsibilities for the use of donated property only generally useful to seriously restrict the rights of the donee in respect of the property. For example, the alienation of the property by the donee the person burdened the responsibility of its use of non-profit purposes is possible only under the condition that it

the purchaser will assume compliance with the relevant duties. Use of such property in the own interest of the donee entity is possible only to the extent that this does not preclude its use in generally useful purposes.