A gift agreement can be declared invalid or terminated, but only under certain conditions. What is a condition, who can do it, and how — lawyers from the free legal aid system tell us.
Who and how can terminate a gift agreement?
The law allows for the termination of a gift agreement in certain cases. The donor has the right to apply to the court at the location of such property or at the place of residence of the defendant if:
- the donee intentionally committed a criminal offense against the life, health or property of the donor, his parents, wife (husband) or children
- the donee creates a threat of irretrievable loss of the gift, which has great non-material value for the donor
- As a result of the donee's careless attitude towards an item of cultural value, this item may be destroyed or significantly damaged.
The donor has the right to demand termination of the gift agreement if the gift is preserved at the time of the claim.
If the contract is terminated, the donee must return the gift.
In the event that the donee intentionally kills the donor, the latter's heirs have the right to demand termination of the contract.
In what cases can a gift agreement be declared invalid?
A gift agreement may be declared invalid if:
- the mandatory form of the contract established by law for the relevant type of property has been violated. For example, a contract of donation of personal and household items may be concluded orally, while a contract of donation of real estate may be concluded in writing and is subject to notarization
- it was concluded by fraud, violence or under the influence of error
- the person at the time of its conclusion was not aware of the significance of his actions or could not control them
- the content of the contract contradicts the Civil Code of Ukraine, other acts of civil legislation, the interests of the state and society, as well as moral principles
- it is concluded by parents or adoptive parents and is contrary to the rights and interests of young, minor or disabled children
- he is fictitious
- there is no consent from the co-owner of the property or the other spouse
- etc.
How to declare a gift agreement invalid
This can only be done through the court if there are legal grounds.
- Identify the specific reason.
- Gather evidence: medical documents, expert opinions, etc.
- File a lawsuit with the court.
Where to get free legal support
Everyone can get free legal advice from the free legal aid system (FLA). Lawyers will tell you how to proceed in your case and what evidence you need to collect.
Some categories of people are also entitled to free legal aid when applying to court. These include IDPs, war veterans, family members of deceased defenders, children, people with low incomes, and other categories listed in Article 14 of the Law of Ukraine «On Free Legal Aid.» Lawyers will study your circumstances in detail, if necessary, prepare and submit a statement to the court, and represent your interests in court.