Donation of property

Usually we feel the greatest pleasure and happiness, when making a present to someone. Our relatives however, are not always amused about it. Envy and jealousy can often hopelessly divide families and cause problems not just to the donor, but also to the beneficiary. The greatest problems arise usually when the rest of the family is not aware of a donation of higher financial value, learning that after the donor's death. The situation is even more complicated, if there is no official record or deed about the donation. The notary will advise you on how to prove after the donor's death that the donation really happened and how to avoid unpleasant situation.

Here we have the state however that it is always expressly upon the will of the donor - whether and whom he/she will donate property, without anybody else interfering with his or her free will!

 

Notarial protocol = prevention

If the subject of donation is movable assets, e.g. artistic works, jewels, books or antiquities - the law does not prescribe a written record on the donation. However, notaries know of hundreds of cases when a missing a written donation record caused a split-up in the family, ending finally before the court. The situation is different with real properties as flats, houses or with financial donations. In those cases, the law stipulates an obligatory donation record – i.e. a deed of donation drawn up at the notary.

 

What is not on paper - does not exist

A deed of donation protects both parties, what is also the reason why it should be a part of every major donation. It is a bilateral legal act, which is invalid - if it is supposed not to be performed before donor's death. When offering the donation, the donor is obliged to point out the faults of the gift he is aware of. Otherwise, the beneficiary is entitled to return the donation. This right applies only to faults of the object at the time of donation - i.e. not to faults inflicted later. The donor may claim the donation back if the beneficiary behaves immorally towards the donor or his/her family members. The deed of donation must meet the appurtenances stipulated by law. If you seek legal security, draw up a notarial protocol constituting a public deed. In those cases you should approach a notary, in order to avoid problems in the future.