Guidelines for Conducting Donation Agreements

Guidelines for Conducting Donation Agreements

Donation is a contract in which a person, only in the spirit of freedom, enriches another by attributing his own rights or assuming an obligation towards him. But what are the terms and characteristics of this contract? And most importantly, what form is needed and required?

Guidelines for Conducting Donation Agreements

Donation Agreement Terms

In order for donations to be made, several basic requirements must be met, such as subjective ones (the desire to enrich others) and objective ones (enriching others and impoverishing donors).

Also, with the brief ideas already mentioned, it is quite possible to remember from now on that donations are intuitively and completely fall into the category of free contracts. As you can imagine, not all free contracts are donations. The gratuity that we mentioned is just a matter of not having a fee. The presence of an objective element related to the enrichment of other parties is also important in donations.

Based on the explanation above, other free contracts are not donations. For example, free mandates, job performance without compensation, etc. In all these contracts, there is actually no increase in the assets of the partners, which is an important element in donations.

Donation contracts and natural abilities and actions

In order to "make" a donation, the donor must have full natural capacity (ie, ability to understand and want) and full capacity to act (age appropriate). If there is no such capacity, the donation can be canceled.

Therefore, minors and minors who are released cannot become donors, even if they have been authorized by the Court to run the business. Even people with disabilities or who are disqualified cannot become donors. Remember that donations for minors, persons with disabilities, and prohibitions are never possible, even through legal representation.

The only exception is the contribution of marriage to the offspring of a person with disqualification or disability, as long as it is made with the help of the person exercising his authority or guardianship.

Who Can Accept Donations

After clarifying what skills the donor should have, baby steps can be taken to receive donations, applicable not only to living people, but also to fetuses, or to subjects who have been conceived but not. born at the time of donation. It can also be donated to a subject that has not been conceived, provided it is a child of a person alive at the time of donation.

Cancellation and invalidity of the Donation Contract

In addition to the hypothesis that has been seen a few lines ago, donations can be canceled if there has been an error in the reason, this can be seen from the deed, and only the reason determines the willingness to donate.

On the other hand, when the donor clearly states the reason for the donation and this is the only thing that encourages him to throw away the goods or some money for the benefit of the recipient, the donation does not apply only if the reason is illegal.

Mandatory Donations

Donations can be completed with the consent of the donors and upon acceptance of the recipient, formalized by a public deed drawn up by a notary, in the presence of two witnesses.

However, the most common types of donations were in the form of money, movable or immovable property. Then there are donations that are mandatory in nature, which occur when the giver does not transfer money, movable or immovable property, but takes obligations for the benefit of the person receiving it.

Mandatory donations in turn can have a give or do content. In the event that the donor undertakes to provide a living, the benefits will expire after the donor dies, and the obligation is not transferred to the beneficiary of the donor, unless the donor himself has explicitly stipulated otherwise in the donor's deed. .

Donation contract form

As defined by current regulations, a donation is a solemn contract, as it requires, under threat of a zero penalty, a notary certificate and the presence of two witnesses. If the donated items can be transferred, it is necessary to state the value in the deed (but may be stated in a separate deed). The recipient of the donation must also state his receipt in writing in a notary deed, or he can disclose it later in a separate written deed after the donation.

On the other hand, it is true that the form of a public certificate is not always required to donate. This is the case for the donation of movable objects of moderate value, in the general form to be replaced by surrender of property. These value modalities must be evaluated in relation to the economic conditions of the donor. Therefore, this donation must not have a meaningful impact on the same inheritance.

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