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How to make a donation contract for minors

How to make a donation contract for minors

To prepare the deed of gift for minor children must be based on the provisions of Chapter 32 of the Civil Code.

In the interests of a minor donee in this Agreement shall be of one of the parents or a representative of the guardianship authorities.

Requirements to contracts giving setapplicable civil law. In particular, all the necessary conditions contained in Chapter 32 of the Civil Code. Particular attention should be paid to the form of the contract. In written form, you can enter into agreements, the subject of which is a movable property. Earlier, when transferring a juvenile as a gift of real estate (for example, part of the residential houses, apartments) require mandatory state registration of the contract, but at the moment the rule is overturned, so you can use an ordinary written form.

Who are the party to the contract giving a minor?

As a rule, minors do not possessfull civil capacity, therefore all transactions on their behalf conclude their legal representatives. That is why a written deed of gift for the minor child usually signed by one of his parents. If for some reason parents can not participate in the signing of this agreement, you can contact the guardianship authorities which will appoint a representative who enters into the rights and duties of the host on behalf of the child. It is important to understand that the legal representative does not preclude the donee, the property according to the contract is transferred to a minor, what it must be indicated in the terms of the agreement.

What mistakes should be avoided in the preparation of the contract of donation to a minor?

The most common mistake in the preparation of dataagreements is the absence of a clear indication of the particular property, which is transferred to the donee. Treaty contains no such condition shall be deemed null and void, that is, does not entail any legally significant consequences. It is therefore recommended as possible describe in detail the subject of the gift, refer to the additional documents if necessary. In addition, giving a minor is often used instead of the will, which is also illegal. Thus, if such an agreement point to the transfer of a gift after the donor's death, it also will not work, and will be applied to the property rules of inheritance. In this case, a minor may not get the ownership of any property, if the donor has a close family.

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