What is a donation contract?
A donation contract is the agreement through which one party, referred to as the donor, gratuitously and irrevocably transfers a property or a real right, or a claim from their patrimony to the other party, known as the donee, without seeking anything in return.
Regulation of the donation contract
The donation contract is regulated by the New Civil Code, in Book IV, Title III, Chapter II, Articles 1011-1033 NCC.
What are the effects of the donation contract?
In principle, the donation contract has the effect of irrevocably transferring the real right or claim from the donor’s patrimony to the donee’s patrimony. The transfer of the real right occurs immediately upon the agreement of wills between the parties, in the form required by law, except in cases where the legal act is subject to a term or condition.
If the transferred right is a claim, the rules regarding gratuitous assignment of claims apply.
What are the obligations of the donor?
🔘 Firstly, the primary obligation of the donor is to deliver the donated property in accordance with the contractual clauses and to keep it until delivery.
🔘 Secondly, the donor is also responsible for the warranty obligation. As a rule, considering that donation is a gratuitous contract, the donor is not liable for eviction in relation to the donee for the gifted goods. However, the disposor is liable for fraud and gross negligence in the execution of the donation. As an exception, the donor guarantees eviction in one of the following situations:
- If they have expressly assumed this obligation.
- If eviction results from their act or from a circumstance affecting the transmitted right, which they knew and did not communicate to the donee at the conclusion of the contract.
- In the case of a donation with obligations, but only up to the value of the obligations.
- Additionally, the donor will not be liable for defects unless the damages suffered by the donee were caused by the hidden defects of the property, known by the donor, who did not communicate them to the donee, as well as in the case of a donation with obligations.
What are the obligations of the donee?
🔘 Among the obligations of the donee is the obligation of gratitude towards the donor. Since the donation is a unilateral contract, no obligation arises on the part of the donor other than the moral duty of gratitude.
🔘 In the case of a donation with obligations, considering that the donation becomes a synallagmatic contract, the donee has the obligation to fulfill the obligations.
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