When can a donation be declared invalid?

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05.04.2023 15:16 558

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Photo of lorina200215 Lorina Fedan

A gift contract may be declared invalid if the following requirements are not met by the party (parties) at the time of conclusion of the contract:

  • the will of the participant in the transaction must be free and correspond to his inner will;

  • the deed must be aimed at the actual occurrence of legal consequences caused by it;

  • an act committed by parents (adoptive parents) cannot conflict with the rights and interests of their minor, minor children.

In case of non-observance of the written form of the deed, commission under the influence of error, deception, violence, under the influence of a grave circumstance, the invalidity of the donation contract is also established by the court.

The contract is invalid if its invalidity is established by law (void transaction). In particular, in case of non-compliance with the requirement of the law on notarization of the contract, conclusion of the gift contract without the permission of the body of guardianship and guardianship provided for by the law.

21.04.2023 18:30

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