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Publication date: 12.04.2024
The Civil Code of Ukraine provides for the possibility of concluding a gift contract. A gift contract is one of the types of civil law contracts, which consists in the transfer of property by the owner free of charge to another person for the purpose of making a gift. This contract can be verbal only in the case of giving personal items. If a person wishes to donate real estate, the donation agreement must be in writing and certified by a notary public.
The main requirements for a donation contract in Ukraine include the definition of the parties (the donor and the recipient), the object of donation and the terms of the property transfer, as well as the signatures of the parties or their representatives. It should also be taken into account that for donating certain types of property (for example, real estate) there may be additional requirements and procedures that must be completed in accordance with the law.
Denial of the gift contract, as this process of denying the gift in Ukraine is also called, including contesting the gift of an apartment in Ukraine, can take place in various situations. Since the donation contract is one of the types of civil law contracts in Ukraine, it can be terminated due to the existence of general grounds for the invalidity of civil law contracts. Yes, if the donation agreement concluded is contrary to the requirements of the law or violates the rights of any of the parties, this agreement may be declared invalid (for example, if one of the parties was forced to sign the agreement during fraud or under pressure, this may be grounds for objection). Also, if one of the parties does not fulfill its obligations stipulated in the contract, the other party may have the right to object to the contract.
Termination of the donation contract (objection by the donor) is also possible at the request of the donor. In accordance with the legislation of Ukraine and the general principles of civil law, the donor may terminate the donation agreement under the following conditions:
1. Contractual conditions: If the gift contract itself provides for the possibility of termination at the request of the donor and the relevant conditions are specified, then the donor has the right to use this option.
2. Violation of the terms of the contract: If the donee does not fulfill his obligations or violates the terms of the contract, this may be grounds for terminating the contract at the request of the donor.
3. Circumstances that arose after the conclusion of the contract: In the event that new circumstances arose after the conclusion of the donation contract, the donor may demand the termination of this contract. Such circumstances are the fact that the recipient has committed a crime against the life and health of the recipient himself or his close relatives. In the event that the person who received the gift took the life of the donor, the latter's heirs have the right to demand in court to terminate the donation contract concluded between the deceased and the killer. It is worth noting that all the facts of the crime must be documented. There are cases when the donated object has a great intangible value for the donor, and after the donation, the recipient commits actions that may lead to the loss of the gift. In this case, for the donor, this is a reason to ask the court to terminate the donation agreement. In addition, the contract can be terminated if the gift has cultural value, and the donor's actions lead to damage to the thing in question.
An important point is that the issue of termination of the gift contract can be considered only in the case when the thing (gift) is preserved.
If the court finds grounds for terminating the donation contract, the gift must be returned to the donor or his descendants.
What are the deadline for challenging the deed of gift ? The term for challenging a deed of gift in Ukraine, including challenging a deed of gift for an apartment in Ukraine, as well as challenging the deed of house, is 1 year (special term). However, in some cases, the general limitation period of three years may be applied to this issue. This period starts from the day when the appellant learned or should have learned about the violation of his rights.
It is important to note that the above term may be changed depending on the specific circumstances of the case and the applicable law. For example, in the case of obvious fraud or hidden circumstances that prevented the appellant from learning about the violation of his rights, the court may consider the claim outside the statute of limitations.
However, it is recommended not to delay contesting the gift contract and to act as soon as possible to avoid possible complications due to a missed deadline. If you have any doubts or questions about the statute of limitations, it is recommended that you contact a qualified lawyer or attorney for advice and legal assistance.
