{"id":42,"date":"2025-12-18T07:28:41","date_gmt":"2025-12-18T07:28:41","guid":{"rendered":"http:\/\/jzzgdzmhfa"},"modified":"2026-01-12T11:30:06","modified_gmt":"2026-01-12T11:30:06","slug":"article-1","status":"publish","type":"post","link":"https:\/\/www.proverkanaimot.com\/?p=42","title":{"rendered":"Donation of Real Estate Property"},"content":{"rendered":"\n

What is a donation?
The law defines a donation as \u201ca contract by which the donor immediately and free of charge transfers something to the donee, who accepts it\u201d<\/strong> \u2014 Article 225 of the Obligations and Contracts Act (OCA).<\/h2>\n\n\n\n

A donation is a contract<\/strong>, because it is \u201can agreement between two or more persons to create, regulate, or terminate civil rights and obligations.\u201d<\/strong> In this case, there is an agreement\/consent between two persons (the donor<\/strong> and the donee<\/strong>) for the real estate property to pass into the ownership of the donee. Their intention is aligned.<\/p>\n\n\n\n

The donor transfers the property \u201cimmediately,\u201d<\/strong> i.e., at the moment the donation is made, and not at a future time; otherwise, the donation has no effect. This is also supported by Article 226 of the OCA: \u201cA promise to make a donation has no legal effect.\u201d<\/strong><\/p>\n\n\n\n

Only property that belongs to the donor at the time of the donation<\/strong> may be the subject of the transfer. If, for example, the donor \u201cdonates\u201d a property that they have not yet purchased or acquired in another way, but intend to acquire in the near future, that \u201cdonation\u201d is void<\/strong>. A void donation is treated by law as a legal nullity \u2014 as if it does not exist \u2014 and therefore produces no legal effect or consequences. In such a case, the donor does not transfer what they intend to acquire, and the donee does not become the owner.<\/p>\n\n\n\n

A donation must be gratuitous (free of charge)<\/strong>. When making a donation, the donor should not expect any financial benefit and must clearly understand that they are transferring ownership without receiving any payment<\/strong>, and without expecting the donee to assume a financial obligation in the donor\u2019s favor.<\/p>\n\n\n\n

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Donation with a burden (condition)
<\/h3>\n\n\n\n

The law allows for a donation with a burden<\/strong>. In this case, the donation contract becomes bilateral<\/strong>, meaning each party has corresponding rights and obligations. The purpose of such a donation is for the donor to transfer ownership of the real estate property, on the condition<\/strong> that the donee must give something, do something, or refrain from doing something<\/strong>.<\/p>\n\n\n\n

However, the burden must be possible<\/strong>, i.e., the obligation the donee undertakes must be objectively capable of being fulfilled. Otherwise, the law declares the donation void<\/strong>, and it produces no effect.<\/p>\n\n\n\n

If the donee fails to perform the burden, the donor has the right to request termination (rescission) of the contract<\/strong> under Article 87 of the OCA, because:
\u201cWhen the debtor (the donee) under a bilateral contract fails to perform their obligation for a reason for which they are responsible, the creditor (the donor) may terminate the contract by granting the debtor an appropriate period for performance, with a warning that after the expiry of that period the contract will be considered terminated.\u201d<\/strong><\/p>\n\n\n\n

In addition to the cases above, a donation is also void where the donation itself, or the sole motive for making it, is contrary to the law or to good morals<\/strong>. By \u201cgood morals,\u201d the legislator understands morality\/ethical standards<\/strong>.<\/p>\n\n\n\n

What are the consequences of a void donation?
<\/h2>\n\n\n\n

If a court declares the donation contract void<\/strong>, it is considered that the legal consequences of the transfer never occurred<\/strong> \u2014 the donee did not become the owner of the donated property. If the donee has used the property as if it were their own, they did so as a non-owner<\/strong>, and they may owe compensation to the owner for the period during which the owner was deprived of the ability to use the property.<\/p>\n\n\n\n

Who can be a donor and who can be a donee?
<\/h2>\n\n\n\n

A donor may be any legally capable natural person<\/strong> who owns the real estate property. This means a person who:<\/p>\n\n\n\n