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Media type:
E-Article
Title:
The Donor’s Right to Reside for Life as a Condition in the Gift Agreement
Contributor:
Mitrofanova, I. A.
imprint:
Kutafin Moscow State Law University, 2021
Published in:Actual Problems of Russian Law
Language:
Not determined
DOI:
10.17803/1994-1471.2021.130.9.076-081
ISSN:
2782-1862;
1994-1471
Origination:
Footnote:
Description:
<jats:p>The paper discusses the issue of the possibility of including the donor’s right to live for life in the real estate gift agreement. The relevance of this topic is predetermined by the large number of legal disputes that arise after the conclusion of a gift agreement in connection with the eviction of the donor from the living premises. There is no common point of view among theorists about the admissibility of the condition of life-long residence in the gift agreement, since this condition can be regarded as consideration. The situation is complicated by the fact that the right to live for life is not mentioned either in the Civil Code of the Russian Federation or in the Housing Code of the Russian Federation. Nevertheless, the courts, as a rule, recognize this condition in the contract as valid. It is proposed to include a canceling or suspensive condition in the gift agreement. Under the canceling condition, in case of violation of the donor’s right to live for life, the legal relationship terminates from the moment of violation of the right. The suspensive condition stipulates the following: in case of violation of the right of life-long residence, the donor has the right to cancel the gift. This will allow, firstly, to secure for the donor the right to cancel the gift if his right to live for life is violated. Secondly, this will resolve theoretical disputes, since the canceling and suspensive conditions are supplementary and do not change the causation of the transaction.</jats:p>