It is important to understand that the subject matter of this contract is not the transfer of property that is intended to be a gift, but the essence of the conclusion of the basic gift contract (may be real or consensual).
Frequency of detention
Such a document is, in fact, very rare in life; however, there are cases where a gift cannot be written at the same time as the gifter intended to give a third person.
In such situations, there is a preliminary document prepared with respect to the future of the main deal, which is a real deal.
This provision, which is regulated by its conclusion, is contained in article 429 of the Civil Code.
Why is it worth it anyway?
The possible reasons may be different. To be sure, it is better to sign a preliminary gift contract, under which the parties undertake to conclude the main gift after time has passed.
There are situations in which such a document has to be processed because the necessary papers have not been collected in full and are needed for the transaction of transfer of ownership of movable or immovable property donated.
Definition and aspects of giving
Tendering is the free transfer of property or property rights from the giver (one party) to the gifted party (the other party), or the voluntary suspension of the other party from duty.
According to the contract, a transaction (real contract) takes place immediately during the transfer of the gift, or the contract specifies a time frame soon (consensual contract).
This applies to the question of a prior contract to give a minor a share of the dwelling or other facilities.
There is no such thing as a free transaction, but it does not involve a counter-contract with the other party, but it does not mean that a donation is made without cause; of course, there are reasons, but they are specified outside the contract; and Allah is All-Knowing, All-Knowing.
This is an agreement between the two parties, which is based on their mutual approval.
A model of the pre-contract for the share of an apartment or other facility is presented below.
The desire for the irrecoverable transfer of property or property rights or for the release of the gifted property duty must be carried out in an appropriate form and must also have a clear and express intention, in accordance with future law, towards a certain person.
When a gift is given, the giver knowingly increases the property of the giver by reducing it.
Legislative nuances
At least two parties are involved in the formation of a gift contract; the main agreement is based on a prior gift contract; therefore, the parties to one contract and the second contract are bound to coincide; many are interested in the drafting of the agreement in question; and many are interested in the model of a prior contract for the giving of an apartment or other object.
Promise and preliminary contract
Initially, it may seem that the pre-sentence agreement and the consensual subtext are the same, but they are different.
The main difference was that, in the first option, the parties were obliged to conclude a basic contract in the future, and that the giftee, if the giver refused, had the right to request its conclusion.
A prior contract to give a share of an apartment or other facility does not remove these nuances.
In turn, a consensual agreement, even though it contains a promise of giving soon, but it has already been concluded, and if the giver refuses to do so, the giftee may demand that the gift be given to him.
Form of treaty
A preliminary treaty agreement, as well as a preliminary contract of surrender in the same form, are to be drawn up by the SC of the Russian Federation; in situations where the form of the basic agreement has not been established, the form of the agreement is to be drawn up in writing; if the form of the agreement is not respected, it will be deemed null and void.
What results in the invalidation of a preliminary agreement?
It is important to know that, when the parties decide in the future to certify a gift contract from a notary, they also need to certify a prior contract for the giving of a share of the flat or other objects of interest, although there is no requirement that the notary be required to certify the agreement to the notary.
Sometimes one of the parties does not wish to enter into a basic agreement in an attempt to challenge the validity of the preliminary contract in a court of law.
Provided that a prior contract for the giving of an apartment or other facility is declared null and void, the underlying contract shall not be concluded either.
It is therefore very important to give careful consideration to the form and content of the preliminary agreement.
An example of a pre-gifting contract is available in electronic form.
Features of a preliminary agreement
It is important to know that the agreement sets out the obligations of the parties with respect to each other. In situations where the main contract is not in the time frame established by law or the preliminary contract and where one party does not submit a proposal for conclusion to the other, the obligations of the two parties are terminated.
Can the provisional treaty agreement be terminated?
There is a possibility of termination of the pre-contract, and the document often specifies the possibility of termination and the manner in which it is to be avoided.
Otherwise, it would be necessary to find compelling reasons why a refusal to conclude a basic agreement would be possible.
An automatically terminated contract is the one in which the principal has not been concluded before the expiry of its provisional period of validity.
It's a big mistake to think that the pre-sentence agreement is easily terminated.
In circumstances where one party has changed its mind to conclude it, the other party has the right to demand the conclusion of a basic contract in a compulsory (judicial) manner.
Moreover, when the evader tries to do so without justification, it compensates the other party for the loss caused by the refusal to conclude the basic agreement.
In case of disputes
The clarification of such circumstances could not in any way affect the underlying contract already concluded, but if disputes arose between the parties under the terms of the main contract, then it might give rise to a detailed examination of the preliminary document.
We reviewed a sample of the pre-supplier agreement for a minor or other person.
Conclusion
Thus, a preliminary gift contract could be considered a document containing the obligations of the parties to conclude a future basic agreement, which laid down the main conditions for its execution.
Tendering refers to a transaction between two or more parties under which property, namely property or property rights, is donated or exempted from property obligations.
The parties to such a transaction are usually the giver(s) on the one hand, as well as the gift(s) on the other hand; the preliminary agreement differs from the consensual agreement mainly by the subject matter of the treaty; first, the possible conclusion of a basic contract of giving in the future; and secondly, the immediate promise of giving in the future.
The form, content as well as the parties in force should be spelled out in the same way, both in the preliminary agreement and essentially; in cases where the form of the main contract has not been established, the preliminary agreement should be in writing.
The main features of the preliminary treaty are: the specified time frame for the conclusion of the basic agreement, the subject matter of the gift and other important points which form the basis of such a treaty; and a preliminary contract which violates the form, content and without specifying the specific object of the gift is considered null and void.
How to Draw Up a Preliminary Donation Contract
When citizens want to give away property, they make up a gift.
It is not always possible to formalize this procedure at once, so there is a preliminary gift contract that guarantees the conclusion of a basic contract in the future.
Such a transaction is not very common in legal practice because of human ignorance, but there are cases where it is convenient to draft a pre-contract to protect the rights of minors or disabled citizens.
Contents of the page
What Is a Preliminary Donation Contract
The preliminary agreement between the two persons regulating the imminent conclusion of a real free-of-charge contract and the organizational nature of the agreement provides guarantees that a formal contract will be concluded between the parties within a specified time limit, and its legal basis is contained in article 429 of the Civil Code of the Russian Federation.
Cases for the conclusion of a preliminary gift contract vary, and the parties may have one such obstacle to the transaction at the moment:
- There is no complete package of documents;
- Lack of finance;
- The absence of a gifted person for some time.
Sometimes citizens try to write a promise of giving to a property that isn't yet available, for example, if it's an apartment and it's in a building house. The law does not allow transactions of this kind, because the object of the gift should be an actual object.
Not only natural persons but also various enterprises, organizations or the State may act as providers and gifts, but there are also restrictions on the matter, since not every person has the right to participate in a gift transaction, as long as they are not legally restricted in their rights and capacity.
The terms of the pre-consensual agreement are somewhat similar to the consensual agreement, both of which are of a non-reimbursable nature.
And if you do not pay the price, then a contract may be made for other things, in which case you may be given value.In order to receive a gift, the following conditions may be imposed on the gifted person:
- To graduate from a higher education institution;
- To marry, to marry;
- To perform urgent military service on call.
There are also reverse situations in which the gifted person himself does not want to accept the gift; he has every right to do so, and no one can compel him to do so.
The possession of property entails liability and liabilities, sometimes too burdensome, for example, when there are many outstanding communal debts on real property.
Therefore, the agreement of both sides is essential.
What is the difference between giving and giving?
The pre-contract shall have legal effect only if it is concluded in an appropriate form, in accordance with article 429, paragraph 2, of which provides for the same form by which the main contract will be concluded, which means that the pre-contract of surrender requires notarization if the final contract is to be concluded thereafter.
In any case, the preliminary transaction must be in writing.
The oral promise of the giver, even if the words are recorded on the record recorder, has little meaning, and does not imply a legal basis.
However, it is permissible not to apply for public registration when it comes to the transfer of real property, which will have to be done when concluding this contract.
This article describes the model ways of dealing with legal issues, but each case is individual. If you want to know how to solve your problem, please contact our consultant completely.
It is not possible for a court to dispute the validity of a prior contract of gift if it is not properly drafted to contain a specific object or purpose of the agreement.
Features of the pre-gifting contract
The article of the Civil Code of the Russian Federation, which provides the legal basis for the establishment of a pre-contract, is based on its characteristics.
- Subject matter;
- Duration;
- The conditions for giving;
- The procedure for avoidance.
The subject matter of the transaction must be clearly stated – the intention to enter into a formal gift contract in the future. Unlike the subject matter, the duration is not a mandatory item of the document. You can specify a specific time frame, for example, depending on the conditions for receiving the gift: the duration of studies or service in the army. If this is not prescribed, the standard period is 1 year.
And when the time has passed, it is likely that one party will turn away from the promise of Allah, most often a giver.
However, it is possible to include in the treaty such conditions as protecting the rights of the giver, for example, that there will be no transfer of the gift if it causes material damage to him or a severe deterioration in his health.
Even if the gifted person has a pre-contract, it doesn't give him the right to dispose of the gifted dwelling as his own property until a formal gift deal is made.
The law also lays down the terms of avoidance of the pre-contract; the operation of the transaction is terminated if, after the prescribed period (or one year), neither party has shown the other to comply with the agreement; the lack of interest of the parties automatically terminates the transaction.
Preliminary agreement for the giving of an apartment
Any valuable property may be subject to a prior gift contract, a home, an apartment, a land plot, a car, a share of real estate. The text of the document is similar regardless of the type of gift. Although there is no single form for such a contract, it can be modelled on:
- Passport data of the parties subsequently referred to as the giver and gifted.
- Detailed description of the gifted property (name, floor, square, cadastral number, inventory value, share).
- Conditions to be fulfilled by the gifted.
- The procedure for avoidance of a transaction in the event of refusal of a gift.
- Conditions for the cancellation of the gift.
- Confirmation of the parties ' capacity to act.
- Conditions of payment.
- Signatures.
A gift for an apartment between husband and wife
Following this example, a pre-contract text could be developed for any facility.
A minor ' s share of the dwelling
The situation in which a citizen wants to make a prior contract to give a share of the dwelling to a minor child is common: Grandparents, parents or other close relatives usually act as a giver. The procedure itself is not different from the standard, but it has important nuances.
The young age of a gifted person does not prevent him or her from being legally competent, i.e. having the right to own property, but a child under 18 years of age is limited in his or her capacity.
Individually, he cannot be a party to a gift, but only through his legal representatives, one of his parents or guardian.
This is reflected in the text of the treaty as "in the person of the representative", and the representative is also bound to enter into the beginning of the agreement.
Another nuance of giving property to a child is that you can't hand it over to an entire property, but only part of it, because a minor must be prescribed with one of the parents, so the gifted property must be a share.
In a transaction like this, the consent of all equity owners, if any, is important.
Pre-gifting agreement for custody
When a minor already has a share of a dwelling, the sale or gift of such a facility has a number of characteristics.
Apart from parents, the rights of minor children are protected by the guardianship and guardianship authorities.
They cannot allow children ' s housing rights to be infringed, so when it comes to the removal of real property, one of whose owners is a child under 18 years of age, the case does not proceed without permission of guardianship.
A preliminary contract of gift, unlike an oral promise, is of a legal nature, which allows for the conclusion of a basic contract in the future, and the exclusion of the parties from the execution of agreements may trigger judicial proceedings.
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