Judicial practice under donation agreements. Judicial practice under a donation agreement on the grounds of cancellation of donation Donation agreement by the surviving spouse Review of judicial practice

The limitation period in case of cancellation of the gift is 12 months from the date of conclusion of the contract... The general limitation period is 3 years.

Consequences of termination or cancellation of the contract

Article 578 (paragraph 5) of the Civil Code provides, after the cancellation (termination) of the deed of return of the apartment to the donor in kind... This rule applies to both judicial cancellation and termination of the contract by its parties.

But by the time the contract is declared invalid, the apartment by the gifted may have already been sold. In this case the amount from the sale is compensated to the owner in monetary terms.

At this stage, the biggest problems arise: the donated money from the sale of the apartment could have already spent, and own funds he no longer has. In this case, the collection is also carried out in court.

Ownership of the apartment after the cancellation of the transaction also passes to the donor. You will need to re-and obtain new passports for the apartment.

Video: How not to get into trouble when donating real estate

In the video, a lawyer gives advice on how to legally draw up a donation agreement for an apartment or other real estate.

Explains which clauses of the agreement need to be given special attention in order to protect oneself and the property being transferred from illegal actions of one of the parties to the transaction, how to terminate this agreement if the need arises.

Most often they try to cancel the real estate donation agreement? Why? The answer is obvious - apartments (as well as summer cottages with land plots) have a high cadastral value. And the life situation of the donor can change at any moment. For example, the cancellation of donation is possible if the donor's second apartment burned down (suffered in a natural disaster) and now he has nowhere to live.

It should be understood that declaring a deed of gift invalid and canceling it are two different legally actions. Also, it should be borne in mind that challenging the contract often occurs in court (since few people agree to return "gifts" voluntarily). Judicial practice on the cancellation of such agreements (specific examples will be analyzed later) shows that it is difficult to challenge a deed of gift or to achieve its invalidity on your own. Sometimes, in order to legally confirm the facts, it is necessary to conduct forensic and medical examinations, the presentation of incontestable evidence. The plaintiff in the cancellation of the contract can be not only the parties who signed the gift, but also other interested citizens.
Another example for canceling a donation is the conclusion of an imaginary deal (when, under the guise of donation, they try to resell property and not pay taxes).

You can avoid problems after the registration of documents for the donation of property by consulting a lawyer.

But if the deed of gift has already been issued, the rights are re-registered and it is too late to make corrections, then it is better to involve a lawyer to challenge the legality of the transaction. Since it is much more difficult to cancel a donation agreement than to conclude it. On our legal portal, you can get free consultations from lawyers with the required level of education and extensive work experience.

According to the donation agreement, or rather its cancellation, there are nuances that need to be known about the gift and the recipient of the property. The standard rules listed below are governed by Article 578 of the Civil Code of the Russian Federation:

• if on the part of the recipient of the gift intentional actions were taken that posed a threat to the life of the donor or close family members. Also, if the abovementioned citizens have been deliberately inflicted with bodily injuries of varying severity;
• if the actions of the gifted can lead to the fact that the gift will be hopelessly spoiled or destroyed (and he represents high value for the society or the donor), then this may become the basis for the cancellation of the transaction;
• legal entities and private entrepreneurs who donate their own property to citizens in bankruptcy, as well as the recipients of the gift themselves, must understand that the transaction can be challenged in the first six months;
• after the death of the gifted, provided that the donor is still alive, the donated property is returned back (if this was previously stipulated by the transaction).

If, through the fault of the donee, the donor has lost his life or legal capacity (that is, he is no longer able to answer for his actions) the right to challenge the transaction. According to the law, if the cancellation of the gift took place, the property (with its integrity and safety) must be returned to the first owner (that is, the donor).

Arbitrage practice

For more details on the grounds and methods for canceling the deed of gift, see the article on how you can. At the moment, we are more interested in the topic of invalidation of a deed of gift and judicial practice in such cases. The examples are not tied to a specific location of the participants in the process, and the court and the number of the claim will not be named. But, examples are taken from life and more detailed information on them can be obtained by downloading files with court decisions for free.

Example 1

The citizen, yielding to the persuasion of her son, signed the only housing as a gift to him. In return, the son promised to take care of her and provide financial support. The citizen admits she was deceived by her own son, as she confused the concepts of a donation contract and an annuity. On these grounds, she asks the court to annul the deed of gift and the record of registration of real estate in Rosreestr. The claim was rejected.

Example 2

The citizen received the house from her husband by inheritance. Then she gave it to her own son. Initially, they agreed that the son and his family would move into this house for permanent residence only after the death of the plaintiff. On the part of the plaintiff, demands are made to annul the gift, since the defendant does not live in the house, does not pay for utilities. And the house needs urgent repairs, as it is in a state close to destruction. During the trial, it was found that the defendant did not visit this house, since he had quarreled with the plaintiff and due to the fact that once she had already tried to cancel the deed of gift, accusing the defendant of beating (the plaintiff’s claim was not satisfied). The examination showed that the house is in good condition and needs only cosmetic repairs. In addition, the defendant filed a motion for the application of the statute of limitations. As a result, the claim was denied.

Example 3

The plaintiff asks for the deed to be canceled, setting out the events as follows:

• the apartment in which he lives with his wife and the minor son of his wife was taken on credit by him (the wife is the guarantor);
• the wife and her son had a room in a hostel, in order to sell her, the guardianship authorities demanded that the child had another place to live;
• in this regard, the plaintiff registered his apartment for his wife through a donation agreement;
• the wife sold her own room and spent the money on personal needs;
• due to the fact that the relationship with his wife does not add up, he demands to recognize the donation invalid (an imaginary deal) and return the apartment to him as his personal property.

The plaintiff insists that a donation agreement was concluded with one purpose - to give her an apartment. A room in a communal apartment was sold much later than the dedication, and one event is completely unrelated to the other. The requirement of the guardianship and guardianship authorities in order to obtain permission to sell a room in a communal apartment was the division of the money received between the defendant and her son. That was done - the money is in a bank account in the name of her son. The rest of the money was spent on family needs, including repairing controversial housing.

As a result of a thorough examination of all the circumstances of the case, the court ruled to dismiss the claim.

Example 4

The mother is the plaintiff. She asks to cancel the deed of gift, since her son died, and she survived him. The daughter of the deceased claims the inheritance, which the plaintiff does not consider the daughter of his son (and his granddaughter), since the girl was born not in wedlock. There are two heirs - the mother of the deceased and his daughter. The claimant justifies the cancellation of the donation by the fact that after the death of the donated, the property must go back to the donor. The claim was denied, both in the court of first instance and in the order of appeal proceedings. At the hearing, it was found out that when the donation item was drawn up, that the apartment would return to the donor after the death of the donated person was not included in the contract. Everything related to inheritance and establishment of paternity should be considered in the order of another court session, if the parties wish to submit counterclaims.

Example 5

The plaintiff asks to cancel the gift agreement in favor of the defendant. She insists that the defendant inflicted minor bodily harm on her, of which she has evidence (certificates from the hospital and discharge from the court, since the fact of causing deliberate harm to health was initiated trial). The court of first instance, as well as after considering the appeal, made a decision in favor of the plaintiff.

Conclusion

In conclusion, I would like to say that there are an infinite number of examples to give. And most of them have a natural result - to completely refuse to satisfy the claims. Even if you are right, it is quite difficult to prove this in court in cases of prisoners of gift. To do this, you need to thoroughly know the legislation in this area of ​​jurisprudence. And also to prepare in advance the evidence base, collect witnesses, do expert examinations.

It is often impossible to do without the help of an experienced lawyer. On the legal portal Sud.Guru you can get an initial free consultation and further legal support.

Valery Isaev

Valery Isaev graduated from the Moscow State Law Institute. Over the years of work in the legal field, he has conducted many successful civil and criminal cases in courts of various jurisdictions. Extensive experience in legal assistance to citizens in various fields.

In modern conditions, the real estate donation agreement is very common in practice, and with an increasing concentration in the ownership of subjects civil law, and above all citizens, real estate (summer cottages, garages, apartments, rooms in communal apartments, residential buildings and cottages, and non-residential buildings, enterprises, land plots, shares in the ownership of real estate; the cases of donations of both aircraft, sea and river vessels are not excluded), undoubtedly, both the total number of real estate donation transactions and their share among real estate transactions will increase.

Accordingly, the number of legal disputes related to the commission and execution of donation transactions will increase. "Poverty" legal regulation of this agreement, the existing gaps in the law cannot but cause difficulties in law enforcement practice.

Consider an example from judicial practice.

05/25/2015, M. V. Schindler filed a lawsuit against Gakh L.A. on invalidation of the agreement of donation of the apartment at the address: №22, on the street. Oktyabrskaya in the city of Barnaul, concluded on July 27, 2010, referring to the fact that the contract was concluded under the influence of delusion, since she believed that she was entering into a contract of lifelong maintenance with a dependent.

At the hearing, the plaintiff's representative insisted on the requirements for the recognition of the contract as invalid as concluded under the influence of delusion, she explained that the requirements for the cancellation of the donation in accordance with Article 578 of the Civil Code of the Russian Federation are not declared. In support of the claims, she explained that the contract was concluded in connection with a difficult life situation at the time of its conclusion, connected with the plaintiff's son's abuse of alcohol and his unlawful behavior towards his mother. The plaintiff is a disabled person, needed and is in need of constant outside care and care, concluding the contract, she believed that she was entering into a life maintenance contract with a dependent, since the defendant promised to look after the plaintiff and provide material support, she had no intention of donating an apartment. However, the defendant treats the plaintiff badly, took the keys and documents, in January 2015 caused harm by beating the plaintiff, currently the plaintiff's son, who no longer drinks alcohol, is caring for the plaintiff. The defendant did not admit the claim, announced that the limitation period was missed, explained that the apartment was deliberately given by the plaintiff as gratitude for the support that the defendant refused to her, taking care of her, protecting her from the alcoholic and aggressive son, whom the plaintiff was afraid of. In addition to the contract, the plaintiff wrote a statement in the presence of witnesses about the donation of an apartment and a sewing machine as a gratitude, her signature was notarized.

Having listened to the parties, having studied the materials of the case, the court finds that the stated claims are not subject to satisfaction on the following grounds.

In accordance with Article 178 of the Civil Code of the Russian Federation (as amended up to 01.09.2013), a Transaction made under the influence of a delusion of significant importance may be declared invalid by the court at the suit of the party acting under the influence of the delusion.

A delusion about the nature of the transaction or the identity or such qualities of its subject matter that significantly reduce the possibility of its intended use is essential. Misconception regarding the motives of the transaction is not significant.

By virtue of the direct indication of the law, such a transaction is voidable.

Within the meaning of Art. 178 of the Civil Code of the Russian Federation (a transaction is considered invalid if the will of the party expressed in it was incorrectly formed due to delusion and entailed other legal consequences than those that the party really had in mind. certain circumstances that are of significant importance to him, and under their influence makes a deal that he would not have made if he had not been mistaken.

The terms of the donation agreement of 07/27/2010 regarding the nature of the transaction - donation (clause 1) and the consequences of concluding the transaction - the transfer of ownership to the donee (clause 8) are set out clearly and clearly for understanding, do not allow anything other than literal interpretation.

In addition, the plaintiff, simultaneously with the conclusion of the contract, presented to the notary a statement in his own hand written by the plaintiff that the son is abusing alcohol, offending and beating the plaintiff; since 1997, Gakh L.A. has been caring for her. in connection with which, as a token of gratitude, the plaintiff donates an apartment and a sewing machine. The facts stated in the statement were confirmed by witnesses. The authenticity of the plaintiff's signature in the said application is certified by a notary.

The plaintiff's arguments that at the conclusion of the contested contract she had an intention to conclude a life maintenance contract with a dependent are not supported by any evidence, contradict the above written evidence, including the plaintiff's own handwritten evidence.

The fact that the plaintiff needs care, a change in relations with his son, as well as the payment of utility bills by the plaintiff living in this apartment, does not affect the court's assessment of the plaintiff's will and intentions when concluding the contested contract.

In addition, the defendant declared that the statute of limitations had been missed.

The contested agreement was concluded on 07/27/2010, the claim was filed in court on 01/23/2015.

In accordance with Part 2 of Article 181 of the Civil Code of the Russian Federation, the limitation period for a claim to declare a voidable transaction invalid and to apply the consequences of its invalidity is one year. The course of the limitation period for this requirement begins from the day the violence or threat ceased, under the influence of which the transaction was made (paragraph 1 of Article 179), or from the day when the plaintiff learned or should have learned about other circumstances that are the basis for recognizing the transaction as invalid.

In addition, in accordance with Part 2 of Art. 196 of the Civil Code of the Russian Federation, the limitation period may not exceed ten years from the date of violation of the right, for the protection of which this period is established, with the exception of cases established by Federal Law No. 35-FZ of March 6, 2006 "On Countering Terrorism."

The plaintiff, as a party to the contract, signed it, the contract contains a clause stating that the parties have read the contract, its meaning and meaning are explained and correspond to the intentions of the parties (clause 11), from which the court concludes that the plaintiff knew about the transaction and its nature from the moment of its conclusion, on 28.08.2010, the transfer of ownership was registered, the plaintiff missed the limitation period.

Guided by Article 13,194-199 of the Code of Civil Procedure of the Russian Federation, the court decided:

Refuse to satisfy Schindler's claims against Gakh regarding the recognition of the transaction as invalid, and the application of the consequences of the invalidity of the transaction. The decision is correct.

We agree with the court's decision. According to paragraph 2 of Art. 199 of the Civil Code of the Russian Federation, the expiration of the limitation period, the application of which is declared by the party to the dispute, is the basis for the court's decision to dismiss the claim.

Conclusion. Judicial practice on challenging a donation agreement can be conditionally divided into two groups: termination of a donation agreement and invalidation of a donation agreement. The general rules for recognizing transactions as invalid (Articles 168-179 of the Civil Code of the Russian Federation) are also applicable to a donation agreement. Lawsuits on termination of a donation contract or invalidation of it are quite common.

Summing up the chapter, we can conclude that after the fulfillment of the donation obligation, it can be canceled only in cases established by law, including if the donee attempted the life of the donor, one of his family members or close relatives, or deliberately inflicted bodily harm on the donor ; if the donee handled the donated thing inappropriately, which creates a threat of its loss; if the donor has outlived the donee, provided that such a basis for canceling the donation was provided for by the contract, etc. a person, although capable, but who at the time of drawing up the will was in a state where he could not understand the meaning of his actions or control them.