A "one-way ticket" gift agreement?

Many people believe that a gift agreement is a "one-way ticket" and that recovering property after the papers have been signed is impossible.

However, given that a gift agreement is gratuitous in nature, arises from a personal relationship between the donor and the recipient, and is typically entered into out of goodwill toward the recipient, the law provides special grounds for terminating such an agreement that do not apply to other types of contracts.

Under Article 727 of the Civil Code of Ukraine, these grounds are:

• the intentional commission by the recipient of a criminal offense against the life, health, or property of the donor or members of the donor's family;
• the creation of a threat of irreversible loss of a gift that is of particular value to the donor;
• the negligent treatment by the recipient of a gift that constitutes a cultural object.

Important: if the recipient has already sold or given away the gift, recovering it through termination of the agreement is practically impossible, as the property must be in the recipient's possession at the time of termination.

A gift agreement is an instrument that demands purity of intent and adherence to proper procedures. If you find yourself in a situation where your rights as a donor have been violated, or you wish to protect gifted property from unfounded claims — seek professional assistance from the specialists at Dynasty Law & Investment.