Under a donation agreement, one party (donor) transfers or undertakes to transfer property to the other party (donor) free of charge or to a property right (claim) addressed to him or a third party, or releases or undertakes to release him or her or a third party. from a property liability to a person.
The donation agreement must be signed in writing, and the real estate donation agreement must be notarized.
In case of real estate donation, the transfer of ownership under the contract is subject to state registration.
However, there are certain restrictions on concluding a donation agreement, defined by the RA Civil Code.
It is forbidden:
- Donations made on behalf of children citizens recognized as incapacitated by their legal representatives.
- Donation in connection with their official position or performance of official duties to the employees of state as well as local self-government bodies.
- Donation in relations between commercial organizations.
- Other cases of prohibition of donation may be established by law.
There are restrictions on the property under the joint ownership of the donation, the latter is allowed with the consent of all participants in the joint ownership.
Donation of property or rights for charitable purposes is recognized as a donation. Donations may be made to citizens, medical, educational institutions, social protection and other similar institutions, charities, scientific and educational institutions, foundations, museums and other cultural institutions, non-governmental and religious organizations. to the state and communities.
According to the RA Civil Code, the consent of anyone is not required to accept the donation.
Unlike donations, donations must be conditional on the citizen, and legal entities can be conditional on their use for a specific purpose.
If, due to a change in circumstances, the use of the property donated becomes impossible in accordance with the purpose set by the donor, it can be used for another purpose only with the consent of the donor, and in case of death of the donor or liquidation of the legal entity by court decision.