Great non-property value. Passek E.V. Non-property interest and irresistible force in civil law. Donation as a multilateral treaty

Every person at least once in his life is faced with a situation where you need to transfer the right to property to another person. This simple, at first glance, procedure can raise many questions. One of the main ones is which of the existing methods of alienation of property to choose. If we are talking about the gratuitous transfer of real estate, then it is most logical to draw up a donation agreement. About how to correctly carry out this procedure and what pitfalls should be avoided - read below.

The main difference between a donation agreement and other methods of transferring real estate is its gratuitousness. This means that the object of the agreement is transferred from one person to another without any conditions and obligations. It is not difficult to issue a deed of gift: an agreement drawn up in a simple writing signed by the parties and undergoes mandatory registration. In addition to the agreement itself, the state registration authorities must provide:

passports of participants in the transaction;
title document for real estate;
consent of the spouse to the transaction (if the donor is married);
receipt of payment of the state duty (it is 1000 rubles).

Under the new rules technical documentation when making a transaction is not mandatory, since the state registration authorities themselves can request necessary information. However, if the contract is concluded between unrelated people, an extract from the USRR may be required confirming the absence of prohibitions and arrests in relation to.

Most often, donation is practiced between close relatives, because they have the right not to pay income tax individuals(personal income tax). These are: children and parents, adoptive parents and adopted children, grandparents and grandchildren, full and half brothers and sisters, as well as spouses.

If an apartment or house is donated to a distant relative or person with whom you are not related by blood, the recipient of the gift will have to pay a tax of 13% of the market value of the property.

Who can't donate real estate?

Despite the convenience and simplicity of the donation operation, this method of transferring property has its limitations. Firstly, it is impossible to make a deal on behalf of young children, as well as citizens recognized as incompetent (with the exception of presents worth up to 3 thousand rubles). By the way, in some cases, an expensive gift in the form of real estate may not be a joy.

Similar offerings, according to Art. 575 of the Civil Code of the Russian Federation, it is forbidden for employees of educational, health and social institutions to receive from citizens who used their services, as well as from relatives and spouses. In addition, the donation of expensive property to officials of various levels and employees of the Bank of Russia is not approved if this gift is related to their professional activities. And it will not be possible to conclude a donation agreement between commercial organizations - such an agreement will be declared illegal.

Can a gift deed be cancelled?

According to statistics, donation transactions are disputed in judicial order least of all. This is not surprising: as a rule, close people prefer to resolve disputes in peace. The Civil Code clearly spells out the conditions under which a gift can be revoked. These include:

Attempt by the donee or infliction of bodily harm on the donor or members of his family.

The law does not explicitly state this, but in order to confirm the fact of a crime, as a rule, a court decision is required. In the event of the death of the donor as a result of an attempt, the right to challenge the contract passes to his heirs.

Improper treatment of the donee with the object of the contract, if it is of great non-property value for the donor.

In fact, this is one of the most dubious grounds for the cancellation of a donation. To get back the transferred property, you have to prove that new owner mistreats a gift that has great non-property value for you. However, it will not be easy to document this: the court is unlikely to take seriously the story that the donated is dear to you as a memory of your grandmother.

Making a donation by an individual entrepreneur or legal entity within 6 months prior to declaring him bankrupt.

If the gift was purchased at the expense of business-related funds not earlier than six months before bankruptcy, then interested parties (most often creditors) can challenge such a transaction.

In practice, most often it is possible to cancel the donation agreement by proving that the donor was not aware of his actions (Article 177 of the Civil Code of the Russian Federation). This usually happens if the transaction was made by an elderly person. Disinherited relatives with the help of medical certificates, photo and video materials, records of social services can try to prove that the donor was incapacitated at the time of signing the papers. However, according to most lawyers, it is quite difficult to challenge a well-drafted agreement.

In addition, donation should not be confused with a will. This mistake is sometimes made by older people. It is important to remember that it passes into the hands of the new owner immediately after signing the contract.

Another important nuance- donation is an unconditional transaction. This means that when signing the contract, you cannot demand any reciprocal gestures from the recipient of the gift. Of course, from a moral point of view, a grandson who received an apartment from his grandmother should take care of her, but by law he is not obliged to do this. The only condition that can be included in the agreement is that the transaction can be canceled if the donor outlives the donee.

Donation as an alternative to buying and selling

Recently, the conclusion of a donation agreement is often used in the disposal of shared property. often associated with conflicts between neighbors, without the official consent of which an outsider will not be able to purchase real estate in an apartment. In this case, many carry out a two-stage transaction. First, the seller gives the future buyer a share in the room, and then he, as a new owner, buys the remaining meters.

The donation of real estate is a popular transaction, which is most often made between relatives. Its main advantages are simplicity, a minimum package of documents and the absence of taxes (with a close relationship). However, having decided to issue a donation for an apartment, it is important to clearly understand that after signing the papers, the property will cease to be yours, and it will be extremely difficult to challenge the transaction in court if relations with a relative deteriorate. To understand which of the methods of alienation of property is optimal in your situation and how to correctly draw up a donation agreement, it is better to contact an experienced lawyer.

1. The donor has the right to cancel the donation if the donee has made an attempt on his life, the life of any of his family members or close relatives, or has intentionally caused the donor injuries.

In case of intentional deprivation of the donor's life by the donee, the right to demand in court the cancellation of the gift belongs to the donor's heirs.

2. The donor has the right to demand in court the cancellation of the donation, if the donee's handling of the donated item, which is of great non-property value for the donor, creates a threat of its irretrievable loss.

3. At the request of an interested person, the court may cancel a donation made by an individual entrepreneur or a legal entity in violation of the provisions of the law on insolvency (bankruptcy) at the expense of funds associated with his entrepreneurial activity, within six months preceding the announcement of such a person as insolvent (bankrupt).

4. The gift agreement may stipulate the right of the donor to cancel the gift if he outlives the donee.

5. If the donation is cancelled, the donee shall be obliged to return the donated item, if it has been preserved in kind by the time the gift is cancelled.

Commentary on Art. 578 of the Civil Code of the Russian Federation

1. In contrast to the termination of a consensual donation agreement, the cancellation of a donation involves the withdrawal, on the grounds provided for by law, from the property sphere of the subject of the property already owned by him. Thus, the rules of the commented article are a kind of addition to the norms of Ch. 15 of the Civil Code of the Russian Federation.

A literal interpretation of the norm may lead to the conviction that the legislator allows the abolition of donation only of property in kind. The return of a property right gratuitously transferred to the donee and compensation for the duty of the donee fulfilled by the donor are not provided for by the commented article.

At the same time, the logic of the legislator and the application of the fundamental principles of civil law, in particular the principles of reasonableness and justice, allow us to draw a different conclusion - that it is possible to cancel a donation in relation not only to things in kind, but also to property rights. It would be really unfair to oblige the donor, who has suffered moral and physical harm from the donee, to continue to fulfill the obligation of the latter in the interests of the offender or to retain the opportunity to exercise the property right granted free of charge.

The norms of the commented article can be mainly applied to situations where there are grounds for canceling a donation in the form of granting a property right or exemption from an obligation. However, by analogy, paragraph 5 of the commented article should also be applied. Deprivation of the transferred right by way of cancellation of the gift is possible, but only if the requirement for this is of a continuing nature and continues to exist at the time of the actuality of the cancellation of the gift and the donor’s demand for the donee to restore the situation that existed before the execution of the contract. This also applies to cases of donation by releasing the donee from the obligation to the donor and the donor accepting the obligation of the donee to a third party. A gift made by the forgiveness of a debt can hardly be revoked, since the forgiveness of a debt terminates a pre-existing obligation.

2. Paragraph 1 of the commented article contains an exhaustive list of options for the unworthy behavior of a gifted person, which make it possible to raise the question of canceling a donation. These include taking the life of the donor, causing him any bodily harm (regardless of their severity) and an attempt on the life of the donor or his relatives. Attempt can manifest itself either in the form of physical harm (in judicial practice in criminal cases, it is customary to consider life-threatening serious and moderate harm to health), or in the organization of encroachment on it. Infliction of harm to health and attempt on life can take place in the framework of any violent crimes, including acquisitive ones.

3. A literal interpretation of clause 1 of the commented article leads to the conclusion that actions that allow the donor to cancel the gift must be committed by the donee intentionally. Thus, these actions do not include careless actions, as well as the actions of persons deprived of civil capacity at the time they were committed - minors under the age of 14 and persons recognized as incapacitated. The Civil Code of the Russian Federation does not establish a criminal-judicial prejudice as a condition for the cancellation of a gift, however, the fact that the donee has committed unworthy acts must be confirmed either by legal effect by a court verdict in a criminal case, or by a court decision issued in civil proceedings.

4. Cancellation of a donation is an example of a unilateral transaction - an autonomous expression of the will of a person that does not require the consent of the other party. The commented article does not establish special requirements for the form of such an expression of will, which means that it applies to cases of cancellation of a donation. general rules about communications of subjects civil circulation. The decision to cancel the donation must be formulated clearly, unambiguously and communicated to the donee in a form accessible to him, leaving no doubt about the intention of the donor to return the donated thing to himself.

After receiving a notice of the cancellation of the donation and a demand to return the thing on the grounds established by law, the possession of the donated thing loses its legal and bona fide character. By refusing to return the gift, the donee in such cases bears the risk of laying on him additional duty compensate for the losses caused to the donor by the delay in fulfilling the claim.

The donee may be assumed to maintain the good faith possession of the disputed thing if he disputes the decision to cancel the donation and considers himself legally irreproachable before the donor. This will not relieve him of the need to compensate the donor for damages if the court decision is not in his favor.

Although the commented norm provides for the need to go to court to cancel the donation only in the event of the death of the donor, improper handling of the donated thing and donation during the bankruptcy procedure, it should be concluded that a court decision to cancel the gift is necessary in all other cases when the donee refuses to comply with the requirement to return the donated, since it is a question of the forced termination of the donee's property rights. The decision of the court in the operative part must contain, in addition to stating the cancellation of the donation, a demand addressed to the donee to return the gift to the donor.

If the donee, after the entry into force judgment on the cancellation of the donation, he commits intentional actions, which result in the impossibility of executing the court decision and seizing the gift item from the donee (alienating it to another person, destruction, consumption, etc.), then its cost equivalent may be recovered from the donee according to the rules of Ch. 60 of the Civil Code of the Russian Federation as unjust enrichment, since the donee already lacked legal grounds for exercising the powers of the owner.

The situation is more complicated in situations where the impossibility of returning the gift item was deliberately created by the donee before the court decision terminating his right comes into force, i.e. when he continues to be the owner of the disputed property. If the donee has the intent to dispose of the donated (its destruction, consumption), precisely because of the fear of losing the said property in connection with his earlier unworthy actions, such behavior of the donee can be considered as an abuse of the right, and the value of the donated can be recovered from him in favor of the donor. Innocent, as well as careless actions of the donee, as a result of which the return in kind of the gift object became impossible, cannot serve as a basis for recovering the value of the disputed property from him.

5. Improper handling of the donated thing, creating a threat of its destruction, may cause the forced termination of the right of ownership of the donee in connection with the cancellation of the gift only if the thing has a significant non-property value for the donor. Mismanagement of donated cultural property and residential premises, improper treatment of donated pets in the absence of non-property interest in their preservation by the donor may result in termination of ownership only on the general grounds provided for in Art. Art. 240, 241 and 293 of the Civil Code of the Russian Federation.

6. the federal law dated October 26, 2002 N 127-FZ "On insolvency (bankruptcy)" establishes significantly broader opportunities for refusal to perform contracts. So, in accordance with Art. 102 of the Law, the external manager, within three months from the date of the introduction of external administration, has the right to refuse to execute contracts and other transactions of the debtor if such transactions prevent the restoration of the debtor's solvency or if the execution by the debtor of such transactions will entail losses for the debtor in comparison with similar transactions concluded under comparable circumstances. The same possibilities are endowed by virtue of Art. 129 of this Law and the bankruptcy trustee. In this case, the party under the contract, in respect of which the refusal to perform is declared, has the right to demand compensation from the debtor for losses caused by the refusal to perform the debtor's contract.

In accordance with Art. 103 of the above-mentioned Law, a transaction made by a debtor with an interested person is recognized by a court, an arbitration court as invalid upon the application of an external manager, if, as a result of the execution of the said transaction, creditors or the debtor have suffered or may suffer losses.

Name Russian Federation

SOLUTION

Case No. А40-35323/2017-104-136
Moscow city
May 31, 2017
The operative part of the decision was announced on May 15, 2017.

Arbitration Court of the City of Moscow composed of:

The presiding judge Bushmarina H.The. (individually),

when maintaining the minutes of the court session secretary Abdullaev K.A.

examined in open court session a business

on the suit of Atakov Islamitdin Buduyaminovich

to Schmidt Alexander Eduardovich

third parties: RM Invest Limited Liability Company (OGRN 5067847074246, TIN 7817306670), Katsaev Tsakhai Khairullaevich.

on the cancellation of the share donation agreement

starring:

from the plaintiff – Moshkin P.The. by dov. from 12.05.2017 No. 3-486.

from the defendant – Savitskaya T.The. by dov. (apost.) from 12/18/2015 No. b / n.,

installed:

Atakov Islamitdin Buduyaminovich filed a lawsuit with the Arbitration Court of St. Petersburg and the Leningrad Region against Schmidt Alexander Eduardovich, involving the RM Invest limited liability company in the case as a third party, to cancel the donation agreement for a share in LLC RM Invest" dated March 28, 2012 No. 78 AA 2123315.

Determination of the Arbitration Court of the city of St. Petersburg and the Leningrad Region dated September 15, 2016 statement of claim accepted and initiated proceedings in case No. А56-64006/2016.

By the ruling of the Arbitration Court of the city of St. Petersburg and the Leningrad Region dated November 15, 2016 in case No. A56-64006 / 2016, Katsaev Tsakhai Khairullaevich was involved in the case as a third party who did not file independent claims regarding the subject of the dispute.

By the decision of the Arbitration Court of the city of St. Petersburg and the Leningrad Region dated January 25, 2017 in case No. A56-64006 / 2016, the case was transferred under jurisdiction to the Arbitration Court of the city of Moscow.

By the decision of the Arbitration Court of the city of Moscow dated March 03, 2017, proceedings were initiated in case No. A40-35323/17.

In support of the claims, the plaintiff refers to the fact that the defendant, to whom, under the donation agreement No. 78 AA 2123315 dated March 28, 2012, the plaintiff was donated a share in the amount of 25% of the authorized capital of RM Invest LLC, aims to cause property damage society and establish full corporate control over the company, which will lead to infliction of losses on the latter and its inevitable bankruptcy.

Third parties notified of the date, time and place of the hearing in accordance with Article.Article. , arbitration procedural code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation) properly, they did not appear in court, they did not send their representatives to the court.

The case was considered without the participation of these persons, according to Article.Article. , Section II. Proceedings in the arbitration court of first instance. Claim proceedings> Chapter 19. Trial> Article 156. Consideration of the case in case of failure to submit a response to the statement of claim, additional evidence, as well as in the absence of persons involved in the case" target="_blank"> 156 APC RF.

At the hearing, the representative of the plaintiff supported the claims in full.

The representative of the defendant did not recognize the claims on the grounds of the withdrawal, and also supported the statement on the application of the term limitation period on the basis of article Civil Code Russian Federation, which was stated in the objections to the transition to the court session (vol. 2 case file 20).

A third party (LLC "RM Invest") submitted a response to the case materials, in which the position of the plaintiff was supported (v. 2 pp. 7-10).

Having studied all the materials of the case, including the subject and grounds of the stated claim, having examined and evaluated all the evidence presented in the case in accordance with the rules of Article 1, having heard the representatives of the parties to the dispute at the court session, the court came to the conclusion that there were no grounds for satisfying the claim.

It follows from the case file that on March 28, 2012, the plaintiff and the defendant entered into a donation agreement, under which the plaintiff gave, and the defendant accepted as a gift a share of 25% with a nominal value of 2,500 (Two thousand five hundred) rubles in the authorized capital of the limited liability company "RM Invest" (hereinafter - the company). The contract is concluded in writing and notarized by Kinnar Yu.T. acting notary of the notarial district of St. Petersburg Pakhomova V.O. Ownership of the alienated shares by the donor - citizen Atakov I.B. verified.

Subsequently, the plaintiff learned that there was a dispute pending in the court of the United States of America, in which the company was the plaintiff. currently concluded settlement agreement, according to which the company, along with other plaintiffs, owes 2.9 million US dollars and 1,000,000 shares belonging to one of the defendants in this case. At present, the said court is deciding on the issue of payments under this amicable agreement. According to the plaintiff, Schmidt A.E. together with Pirozhnikov S.S. (participant of the company, which owns 25% of the share in the authorized capital) are trying by their illegal actions to change CEO companies and misleading the US court that the money won in court should go directly to the participants, and not go to the company's settlement account, create a threat of causing losses to the company, as they deprive the company of the opportunity to dispose of its property.

Believing that the defendant is pursuing the goal of causing property damage to the company and establishing full corporate control over the company, which will lead to damage to the latter and its inevitable bankruptcy, the plaintiff applied to court of Arbitration with a real claim.

In view of the foregoing, guided by articles , 27, - , - , of the Arbitration Procedure Code of the Russian Federation, the court

1. The donor has the right to cancel the donation if the donee has made an attempt on his life, the life of any of his family members or close relatives, or has intentionally caused bodily harm to the donor.

In case of intentional deprivation of the donor's life by the donee, the right to demand in court the cancellation of the gift belongs to the donor's heirs.

4. The gift agreement may stipulate the right of the donor to cancel the gift if he outlives the donee.

5. If the donation is cancelled, the donee shall be obliged to return the donated item, if it has been preserved in kind by the time the gift is cancelled.

Comments to Art. 578 of the Civil Code of the Russian Federation

1. The cancellation of a donation, in contrast to the refusal to perform a donation contract, is also applicable to cases where the gift has already been transferred to the donee. Thus, the cancellation of a donation is, in fact, the return of a gift. To cancel the donation, one of the conditions specified in the commented article must be met. It:

attempt on the life of the donor or his family members;

intentional infliction of bodily harm by the donee to the donor;

treatment by the donee with a gift that has a great non-property value for the donor, in such a way that its existence is endangered;

the gift was made by the entrepreneur from the funds for entrepreneurial activity within 6 months before bankruptcy;

the donor outlived the donee.

In the first two cases, the cancellation of the donation occurs by a simple expression of the will of the donor. He doesn't need to go to court. Moreover, if the donor was deprived of life by the donee, the return of the gift may be required by the heirs of the deceased.

In the second and third cases, the final decision to cancel the gift is made by the court. However, if the reason for the cancellation is the donee's improper handling of the gift, the donor initiates the cancellation of the gift. If the reason for the cancellation is a violation by the entrepreneur or legal entity of the norms of the Law "On Insolvency (Bankruptcy)" in the part in which this law prohibits, within 6 months preceding bankruptcy, to deliberately reduce the value of the property of an entrepreneur or legal entity, the initiators of the cancellation of the donation transaction are other interested persons who are not the donor or the donee. Thus, the interests of the bankrupt's creditors are secured.

2. At the initiative of the donor, a provision may be fixed in the donation agreement, according to which the agreement is canceled if the donor outlives the donee. After the death of the donee, the gift will be returned to the donor.

It is common to give a gift, but it has a legal basis.

Chapter 32 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) is devoted to relations arising from the conclusion of a gift agreement.

What is a donation agreement? The answer to this question is given by Article 572 of the Civil Code of the Russian Federation. Under a donation agreement, one party (the donor) transfers or undertakes to transfer to the other party (the donee) a thing in ownership or a property right (claim) to itself, to a third party, or releases or undertakes to release it from a property obligation to itself or to a third party. All subjects of civil law can act as parties under a donation agreement: citizens (including citizens of the Russian Federation, Foreign citizens, stateless persons), legal entities, the Russian Federation, subjects of the Russian Federation, municipalities.

The subject of a donation can be real estate, a car, money, securities and other property of value.

The motives for making a donation can be very different - both the desire to show one's disposition to the donee, to help him, and to thank him for something. The law does not allow gifting under a condition. For example, it is impossible to transfer property as a gift under the condition that the donee performs certain actions in relation to the donor.

Starting March 1, 2013, transactions for the alienation of real estate, and, therefore, a real estate donation agreement, are not subject to state registration, but the donation agreement itself is the basis for state registration of property rights. Registration of the transfer of ownership of real estate, which is the subject of donation, is carried out at the request of the donor and the donee or their representatives if they have a notarized power of attorney confirming the relevant authority.

Thus, to register the right of the donee to real estate without the corresponding declaration of will, expressed in signing the contract and filing an application for state registration, impossible. At the same time, the entry in the Unified state portal real estate will be the only evidence of the person's ownership of the subject of donation.

In the Russian civil law there is a list of rules that restrict and prohibit donations. What are the restrictions on donation transactions provided for in the legislation?

The donation agreement is real, that is, it is valid from the moment of conclusion. It is not allowed to conclude a donation agreement providing for the transfer of a gift after the death of the donor (paragraph 3 of Article 572 of the Civil Code of the Russian Federation). If during the life of the donor the transfer of ownership was not registered, then the property may be included in the estate of the donor.

Article 575 of the Civil Code of the Russian Federation is devoted to the prohibition of donation. It lists the cases when a prohibition is imposed on the commission of a donation agreement:

1. The law prohibits donations on behalf of minors (children under 14) and citizens, recognized by the court incompetent. The existence of this norm is explained by the need to ensure and protect the property interests of minors and incapable persons, to protect them from possible abuse by legal representatives;

2. It is not allowed to donate to civil servants and employees of organs municipalities in connection with their official position or in connection with the performance of their official duties;

3. It is not allowed to donate to employees of medical, educational institutions, institutions social protection and other similar institutions by citizens who are in them for treatment, maintenance or education, spouses and relatives of these citizens;

4. Another case of the prohibition of donation is established for commercial organizations in the relationship between them.

The donation of property that is in common joint ownership is allowed by agreement of all participants in joint ownership, subject to the rules governing the procedure for disposing of property that is in joint ownership. This norm is necessary to ensure the interests of all its participants. Such consent must be in writing. real estate, which is the common joint property of the spouses, issued (registered) to one of the spouses, can be disposed of only with the prior notarized consent of the other spouse (paragraph 3 of Article 35 Family Code Russian Federation).

Let us pay attention to the peculiarities of making a donation by a representative by proxy. The authority of the representative to make a donation, indicated in the power of attorney, should not be general, but specific: the subject of the donation and the donee must be indicated in the power of attorney. Failure to comply with this requirement entails the nullity of both the power of attorney itself and the donation agreement (paragraph 5 of Article 576 of the Civil Code of the Russian Federation).

The contract may be invalid (disputable or void) on the general grounds provided for by the Civil Code of the Russian Federation:

1. A donation agreement may be declared invalid and considered as such if it is concluded for a purpose that is deliberately contrary to the principles of law and order or morality, if it does not comply with the requirements of the law or other legal acts (for example, the requirements of the Civil Code of the Russian Federation for the form of the transaction are not met).

2. If the donation contract is concluded only for the sake of appearance, without the intention to create appropriate legal consequences(the so-called imaginary contract). For example, a person, wishing to avoid foreclosure on his property, transfers it under a gift agreement to another person, while not pursuing the goal of transferring rights to it.

3. There are frequent cases when a donation agreement is concluded in order to cover up another transaction (a sham agreement). For example, the property is in common share ownership of several persons. One of the co-owners sells his share to a person who is not a shareholder. However, he draws up a donation agreement in order to avoid notifying other co-owners of the right of first refusal.

4. If the gift agreement is concluded by the donor under the influence of a delusion regarding the nature of the transaction (for example, the donor believes that he is transferring the thing under a reimbursable agreement) or if the gift agreement is concluded under the influence of deceit, violence, threat, malicious agreement between the representative of one party and the other party.

5. If the donation agreement is concluded without the consent of the trustee by a citizen whose legal capacity is limited by the court due to the abuse of alcohol or drugs; if he is imprisoned by a citizen recognized as incapable due to a mental disorder or if he is imprisoned by a citizen, although capable, but at the time of his imprisonment in such a state that he was not able to understand the meaning of his actions or control them.

An important point for the donor is that Article 578 of the Civil Code of the Russian Federation gives him the opportunity to cancel the donation if the donee makes an attempt on his life, the life of any of his family members or close relatives, or intentionally inflicts bodily harm on the donor. In the event of the intentional deprivation of the donor's life by the donee, the right to demand the cancellation of the gift belongs to the donor's heirs.

The donor may apply to the court demanding the cancellation of the donation even if the donee's handling of the donated thing, which is of great non-property value for the donor, creates a threat of its irretrievable loss.

The donation may be canceled by the court and at the request of the interested person within six months preceding the announcement individual entrepreneur or a legal entity insolvent (bankrupt) and if the donation was carried out at the expense of funds associated with entrepreneurial activity.

In addition, the donor and the donee may provide in the donation contract for the right of the donor to cancel the donation if he outlives the donee.

In all of the above cases, the donee (or his heirs) must return the gift preserved in kind. If this has become impossible both in the case of the destruction of property and in the event of its alienation, the donor has the right to file a claim for compensation for harm.

When concluding a donation agreement, it is necessary to remember that invalid transaction does not entail legal consequences. If the transaction is invalid, the donee is obliged to return to the donor everything received under the transaction, and if it is impossible to return what was received in kind, to reimburse its value in money.

Ksenia Permyakova,

leading specialist expert

rights registration department

Office of Rosreestr

in the Omsk region,

state registrar.