Negotiation and gift agreements, barter agreements...

Negotiation agreements and donations

Barter agreement and barter relations

The standalone type of "dare barter agreement, but to which each party undertakes to transfer one commodity in exchange for another to the ownership of the other party.

Economically, exchange is a kind of buy-sell, where instead of money the equivalent is another thing. Each of the parties is actually the seller of the goods, which she undertakes to transfer, and the buyer of the goods, which she undertakes to accept in exchange. Therefore, many rules on buying and selling apply to the barter agreement.

GK contains the basic rules of the barter agreement: price and expenses, counter performance of the obligations of the parties, transfer of ownership of the goods exchanged, etc. In case of disparity in the goods exchanged, the difference in price is paid by the party transferring the less valuable commodity (Article 567-571 GK).

Donation agreement

In the market conditions, the boundaries of application and the subject of the gift agreement are expanding. The donation contract has long been known to domestic law, but the current legislation on donation provides for a number of short stories. According to the gift agreement, one party (donor) transfers or undertakes to transfer to the other party (the donee) a thing in ownership or a property right (claim) to itself or to a third party, or releases or undertakes to release it from the property obligation to itself or to a third party paragraph 1 of item 1 of article 572 of the Civil Code).

The gift agreement is simple and free of charge. If there is a counter-transfer of a thing or a right or a counter-obligation, the transaction is not recognized as a gift. It can be recognized as feigned, and by virtue of paragraph 2 of Art. 170 GK is void. An abstract promise to donate all or part of his property or to transfer a gift after the death of the donor is also void. The gift-giving agreement with the transfer of gift is real, and with the promise of donation - consensual.

The contract of gift of real estate is made in writing. In a simple written form, a donation contract must be concluded, by which the donor is a legal entity and the value of the gift exceeds 3 thousand rubles. , as well as a contract containing a promise of donation in the future. In other cases, the donation, accompanied by the transfer of gift to the donee, can be performed verbally. Transfer recognizes both the actual and symbolic handing of the gift (the transfer of keys), as well as the delivery of title documents.

Expanding the subject of the gift agreement, the law established the prohibition of donation by some persons (for example, legal representatives of underage property of the latter), and also for individual employees (educational, medical and other organizations) and civil servants. Allowed only "ordinary gifts", not exceeding 3 thousand rubles. (item 575 ГК), thus their number and periodicity are not established.

Since the subject of donation can be not only things, but also property rights and obligations, the law provides for gift restrictions, expressed in compliance with the rules of assignment of cession (assignment) and debt transfer . In addition, the consent of the owner (owners) is conditional on the donation of property located at the legal entity on the right of economic management or operational management or property belonging to several entities on the right of joint ownership.


In order to develop patronage, the law establishes the institution of donations, ie. giving a thing or a right for common purposes. Donations can be made to citizens, medical, educational institutions, social protection institutions and other similar institutions, charitable, scientific and educational institutions, funds, museums and other cultural institutions, public and religious organizations, other non-profit organizations in accordance with the law, as well as the state and other subjects of civil law, specified in Art. 124 of the Civil Code. The acceptance of the donation does not require anyone's permission or consent. However, in order to avoid abuses by the institution of donations, the law (Article 582 of the Civil Code) regulates in detail the relationship between the donee and the donor, as well as the use of donated property.

The Institute of Donations should be distinguished from sponsorship, which means, in particular, the implementation by a legal or natural person (sponsor) of a contribution in the form of the provision of property, the results of intellectual activity, the provision of services, work in the activity of another legal or natural person (sponsored) on the conditions of distribution by the latter of advertising about the sponsor and (or) its goods. Sponsorship is a reimbursable transaction, as the sponsor's contribution serves as a payment for advertising, and participants in the transaction are recognized as an advertiser and advertisement distributor respectively (see Article 19 of Federal Law No. 38-Φ3 of 03/13/2006 "On Advertising").

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