LEGAL NATURE AND SIGNS OF A DONATION AGREEMENT

Abstract

Donation, being an independent civil law contract, has a number of features that allow it to be distinguished from other legal categories — a will, an anatomical gift, etc. This article discusses the conceptual features of donation: the contractual basis of legal relations between the donor and the donee, based on the mutual consent of both parties regarding the subject and other terms of the transaction; gratuitousness; perpetual transfer of the gift to the donee in the property. Special attention is paid to the features of the implementation
of the sign of gratuitousness when concluding a donation agreement for a residential building, apartment, part of a residential building or apartment, in which persons live who, in accordance with legislative acts, retain the right to use this residential premises
after the transfer of ownership of it.

Ref.: 34 titles.