Tiếng Việt
Table of Contents
1. What is a property donation contract?
2. What does the law stipulate about property donation?
3. Is there a right to reclaim property donated to others?
1. What is a property donation contract?
According to Article 457 of the 2015 Civil Code: “Contract for a gift of property means an agreement between parties whereby the giver delivers its property and transfers its ownership rights to the recipient without requiring compensation and the recipient agrees to accept the gift.”
According to the regulations, a donation contract is established based on the agreement of the parties. The donor delivers the property and transfers ownership to the donee without requiring compensation, and the donee agrees to receive it. When the donation contract comes into effect, the ownership of the property is transferred to the recipient.
2. What does the law stipulate about the donation of property?
According to Article 458 of the 2015 Civil Code, the donation of property is movable property:
“Article 458. Gifts of moveable property
1. A contract for a gift of moveable property shall take effect from the time when the recipient accepts the property, unless otherwise agreed.
2. Where the law requires the ownership rights to moveable property to be registered, the contract shall take effect from the time of registration.”
Simultaneously, according to Article 459 of the 2015 Civil Code, the donation of real estate is movable property:
“Article 459. Gifts of immoveable property
1. A gift of immoveable property must be recorded in writing and notarized [or] certified, and the ownership right with respect to the immoveable property is required to be registered in accordance with law.
2. A contract for a gift of immoveable property shall take effect from the time of registration. In the case of immoveable property for which no registration of ownership rights is required, the gift contract shall take effect from the time when the property is delivered.”
Thus, based on the above legal provisions, in the case of real estate being donated property, the donation must be made in writing, notarized, authenticated or registered, if the real estate is subject to registration of ownership.
3. Is there a right to reclaim property donated to another person?
Based on Article 462 of the 2015 Civil Code, which stipulates conditional donation of property:
“Article 462. Conditional gifts of property
1. A giver may demand a recipient to perform one or several obligations prior to or after the giving of a gift. The conditions for giving a gift must not breach matters prohibited by law and must not contravene social morals.
2. Where a recipient performs an obligation required to be performed as a condition to the giving of a gift and the giver fails to deliver the gift, the giver must pay for the obligation already performed by the recipient.
3. Where a recipient fails to perform an obligation required to be performed after the giving of a gift, the giver may reclaim the gift and demand compensation for loss and damage.”
Simultaneously, the Donation Contract must ensure the conditions of the contract according to Article 117 of the 2015 Civil Code:
“Article 117. Conditions for effective civil transactions
1. A civil transaction shall be effective when it satisfies all of the following conditions:
(a) The subjects have civil legal capacity and capacity for civil acts appropriate to the established civil transaction;
(b) The subjects participating in the transaction act entirely voluntarily;
(c) The objective and contents of the civil transaction are not contrary to the law or social morals.
2. The form of a civil transaction is a condition for its effectiveness in cases where the law so provides.”
In addition, pursuant to Article 131 of the 2015 Civil Code, the legal consequences of invalid civil transactions are stipulated as follows:
“Article 131. Legal consequences of invalidity of civil transactions
1. An invalid civil transaction shall not give rise to civil rights and obligations with respect to the parties or to changes and termination of such rights and obligations as from the time the transaction is entered into.
2. Where a civil transaction is invalid, the parties shall restore [everything] to its original state and shall return to each other what they have received.
If restitution is not able to be made in kind, it shall be valued in terms of money to return.
3. The bona fide party in collecting benefits or income is not required to return such benefits or income.
4. The party at fault which caused loss and damage must compensate.
5. Resolution of consequences of invalid civil transactions relating to personal rights is provided by this Code and other relevant laws.”
According to the above provisions, the party donating the property has the right to reclaim the property and request restoration of its original condition, returning to each other what has been received in case the party receiving the property fails to properly perform its obligations in the donation contract.