The Civil Code of the Russian Federation(with the Additions and Amendments of February 20, August 12, 1996,
October 24, 1997, July 8, December 17, 1999, April 16, May 15,
November 26, 2001, March 21, November 14, 26, 2002,
January 10, March 26, November 11, December 23, 2003)
Chapter 32. Donation
Article 572. Donation Contract
1. Under the donation contract one party (donor) shall transfer or undertake to transfer free of charge to the other part (donee) a thing into ownership or property right (claim) to himself or to a third person and release or undertake to release this party from the property obligation to himself or to the third party. In the presence of a reciprocal transfer of a thing or right or of a reciprocal obligation the contract shall not be recognized as donation. The rules provided for by Item 2 of Article 170 of this Code shall be applied to such contract.
2. The promise of handing over any thing or property right free of charge or of releasing anybody from property obligation (promise of donation) shall be recognized as a donation contract and shall bind the person who has given the promise, if the latter was made in proper form (Item 2 of Article 574) and contains the clearly expressed intention to transfer in future to a specific person a thing or a right free of charge or to release him from property obligation. The promise to donate all belongings or part of all these belongings without reference to a specific object of donation in the form of a thing, right or the release from obligation shall be null and void.
3. The contract stipulating the transfer of a gift to the donee after the death of the donor shall be null and void. The rules of civil legislation on inheritance shall be applied to this kind of donation.
Article 573. The Donee's Refusal to Accept the Gift
1. The donee shall have the right to abandon the gift at any time before it is handed over to him. In this case, the donation contract shall be deemed to be dissolved.
2. If a donation contract has been concluded in writing, the rejection of the gift shall also be made in writing. In case where the donation contract has been registered (Item 3 of Article 574), the rejection of the gift shall also be subject to state registration.
3. If a donation contract has been concluded in writing, the donor shall have the right to demand that the donee should compensate for the real damage inflicted by the refusal to accept the gift.
Article 574. The Form of the Donation Contract
1. Donation, accompanied by the transfer of the gift to the donee, may be accomplished orally, except for the cases, provided for by Items 2 and 3 of this Article. The gift shall be presented by handing order, symbolic transfer (delivery of keys, etc.) or delivery of law-making documents.
2. The contract of donation of movables shall be made in writing in cases when: the donor is represented by a legal entity and the value of the gift exceeds the statutory five-fold amounts of the minimum wages or salaries;
the contract contains the promise of donation in the future.
In cases provided for by this Item the donation contract made orally shall be null and void.
3. The donation contract of real estate shall be subject to state registration.
Article 575. Ban of Donation
It shall be impermissible to donate gifts, except for common gifts, whose value does not exceed the statutory five-fold amounts of the minimum wages or salaries:
1) on behalf of minors and legally unfit individuals and by their legal representatives;
2) to the workers of medical treatment, educational, social protection and other similar institutions by individuals who are treated, maintained or educated by them, and by spouses and relatives of these persons;
3) to civil servants and employees of municipal bodies in connection with their official status or the discharge of their official duties;
4) in relations between profit-making organizations.
Article 576. The Restriction of Donation
1. The legal entity owning a thing by right of economic or operative management shall have the right to donate it with the consent of the owner, unless otherwise stipulated by law. This restriction shall not extend to usual gifts of small value.
2. Property held in common joint ownership may be donated by agreement of all those who have a stake in joint ownership with the observance of the rules, specified by Article 253 of this Code.
3. The donor's right to make claims to a third party shall be donated with the observance of the rules, stipulated by Articles 382-386, 388 and 389 of this Code.
4. Donation by means of the execution of the donee's duty to a third party shall be effected with the observance of the rules, provided for by Item 1 of Article 313 of this Code. Donation by means of the transfer by the donor of the donee's debt to a third party shall be effected with the observance of the rules, specified by Articles 391 and 392 of this Code.
5. A power of attorney for the execution of donation by the representative, in which a donee is not named and an object of donation is not indicated, shall be null and void.
Article 577. The Refusal to Execute the Donation Contract
1. The donor shall have the right to refuse to execute the contract containing the promise of handing over a thing or a right to the donee in the future or to release the donee from property obligation; if after the conclusion of the contract the property or family status or the state of health of the donor has changed so much that the execution of the contract will lead under new conditions to a substantial reduction of his standard of life.
2. The donor shall have the right to refuse to execute the contract containing the promise of giving a thing or a right to the donee in the future or to release the donee from property obligation on the grounds that entitle him to revoke donation (Item 1 of Article 578).
3. The refusal of the donor to execute the donation contract on the grounds, stipulated by Items 1 and 2 of this Article, shall not entitle the donee to claim damages.
Article 578. The Revocation of Donation
1. The donor shall have the right to revoke donation, if the donee has committed an attempt on his life, the life of any of his family members or close relatives or has committed deliberately a bodily injury to the donor. In case of the intentional homicide of the donor by the donee the right to claim in court the revocation of donation shall belong to the donor's heirs.
2. The donor shall have the right to demand judicially the revocation of donation, if the donee's treatment of the gift which has a great intangible value for the donor creates a threat of its irrevocable loss.
3. At the request of the interested person the court of law may revoke the donation of the individual businessman or the legal entity in violation of the provisions of the law on insolvency (bankruptcy) from the pecuniary means, associated with his business, during six months that preceded the declaration of this person as insolvent (bankrupt).
4. The donation contract may specify the donor's right to revoke donation, if he outlives the donee.
5. In case of revocation of donation the donee shall be obliged to return the gift, if the latter had been preserved in kind by the time of the revocation of donation.
Article 579. Cases in Which the Refusal to Execute the Donation Contract and the Revocation of Donation Are Impossible
The rules for the refusal to execute the donation contract (Article 577) and for the revocation of donation (Article 578) shall not be applied to common gifts of small value.
Article 580. The Consequences of the Infliction of Damage Owing to the Defects of the Gift
The injury inflicted on the donee's life or health and property tort owing to the defects of the gift shall be subject to indemnity by the donor in keeping with the rules, provided for by Chapter 59 of this Code, if it is proved that these defects had arisen before the transfer of the donated thing to the donee, that they do not relate to obvious shortcomings and the donor did not warn the donee about them, though he had known about them.
Article 581. Legal Succession in Case of a Promise of Donation
1. The rights of the donee to whom a gift has been promised under the donation contract shall not be passed to his heirs (successors), unless otherwise stipulated by the donation contract.
2. The duties of the donor who has promised donation shall pass to his heirs (successors), unless otherwise stipulated by the donation contract.
Article 582. Endowment
1. The donation of a thing or right for general useful purposes shall be recognized as endowment. Endowment may be made to individuals, medical treatment and instructional institutions, social protection institutions and other similar institutions, charitable and scientific institutions and educational establishments, funds, museums and other cultural institutions, public associations and religious organizations, and also to the State and other subjects of civil law, referred to in Article 124 of this Code.
2. No permission or consent shall be required for the acceptance of an endowment.
3. The endowment of property to an individual shall be conditioned by the donor, while the endowment of property to a legal entity may be conditioned by him by the use of this property according to a definite purpose. In the absence of such condition the endowment of property to an individual shall be regarded as donation, while in other cases the endowed property shall be used by the donee in keeping with the designation of property. The legal entity which accepts the endowment to be used for a definite purpose shall keep a separate record of all transactions involved in the use of the endowed property.
4. If it is impossible to use the endowed property in accordance with the purpose indicated by the donor due to the changed circumstances, it may be used according to another purpose only with the consent of the donor, while in cases of the death of the donor-individual or of the liquidation of the legal entity only with the consent of the donor and by a court decision.
5. The use of endowed property out of accordance with the purpose indicated by the donor or the change of this purpose with the contravention of the rules, provided for by Item 4 of this Article, shall entitle the donor, his heirs or any other successor to demand the revocation of the endowment.
6. Articles 578 and 581 of this Code shall not be applied to endowment.
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