How to arrange a gift
Make a contract in writing, including in it all the conditions on which the thing is transferred by the donor to the donee. It should be noted that the oral form of donation is allowed only with the direct transfer of the gift at the time of the conclusion of the contract. In addition, drawing up a written contract is mandatory when receiving gifts from legal entities (worth more than 3 thousand rubles), with a promise to donate in the future, with the donation of real estate (these agreements are subject to state registration).
In the section �Subject of the agreement� clearly define which thing is transferred from the donor to the donee. So, if the gift is a property, you should indicate its address, area, refer to the floor or cadastral plan, certificate of ownership. If the donor does not identify a specific property or indicates a promise to donate all property belonging to him, then the contract is void (void).
Be sure to point out the gratuitous nature of the gift.Remember that any conditions on receiving any material benefit from the donee in exchange for the gift being transferred exclude the possibility of qualifying the agreement as a deed of gift. In such cases, depending on the specific circumstances, the agreement is transformed into an exchange agreement or a purchase and sale transaction.
Pay attention to the cases of the complete prohibition of donations on behalf of minors, between commercial companies, government employees, employees of medical, educational and other organizations from persons who are under treatment, training in such organizations. The listed categories of persons can make and accept only ordinary gifts, the price of which should not exceed 3 thousand rubles.
If the contract provides a promise to donate something in the future, then determine the features of the succession under the contract. The general rule is that the rights of the donee do not pass to his heirs, and the donor�s obligations can be inherited, but the parties can change this rule in the contract.
Sign a deed of gift, if necessary, by completing additional actions to comply with its form (for example, state registration with the donation of real estate).You can certify the contract with a notary at the request of the parties, since such a requirement is not fixed in the law.
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