La donation is the act consisting of give fondos or others goods materials, usually for reasons of solidarity, affection or charity. Whoever gives the carefully It is called donor and the one who receives it is known as donee. The Code Civil law of Republic Dominican, in its article 894 establishes that “the donation among the living is a act by which the donor is currently and irrevocably released from the thing donated in favor of the donee".
Un contract de donation It is an agreement legal by which a personKnown as donor, voluntarily transfers the your property a carefully or right to another personCalled donee, without waiting to receive no compensation o consideration a cultural, . A act de liberality wherein donor delivery some of your your property al donee for free.
Specifications:
La donation It is classified as a contract principal, consensual, translation of domain, unilateral, Free, a principle irrevocable, between the living and, usually, instantaneous and formal solemn.
Another feature of this contract is that the donor will not be responsible for eviction unless it has been obliged expressly or that the donation be with cargo.
Elements of the donation
to the consent. Contracts are perfected if they are entered into between present persons, from the very moment of the acceptance and, if they are celebrated between absentees, from the moment in which the offeror receives the acceptance of the one to whom he proposed saying contract.
b) The object. The contract de donation has as object direct the creation of derechos y obligations a cargo of the parties; derechos of the donee to thing donated and obligations of the donor to transmit the your property of esa thing and to do delivery thereof.
Categories of donation
- Donation pure: is that which is granted in absolute terms.
- Donation conditional: is the one that depends on an event uncertain.
- Donation remunerative: is that which is made in attention to services received by the donor and this one has action legal to claim it. The donation must always exceed the amount of the the service.
- Donation cargo o way, donation modal: consists of the imposition of taxes on donee or a third -stipulation in favor of third parties - as against benefit to donation done.
- Donation death cause: is one that is suspended from a term, death of the donor, and is generally equated with a legacy o The heritage. Must be valid act de donation , the will; In /// contrary lacks effects.
- Donation between spouses or partners: is that which makes a spouse in favor of the other, which is prohibited in some legal systems (Argentine).
- Prenuptial, antenuptial, and for-nuptial donations cause de wedding o propter nuptias: are those made between future spouses or by some third in consideration of the planned wedding .
This act must be recorded by a notary public, low penalty de nullity. The donation will not produce effect with respect to the one who made it, rather than from the to date in which he is notified of the record de acceptance. Also, this proceedings is sujeto al paid of the impuesto equivalent at 27% of value of the goods donated, whose paid falls on him donee. Without embargo, can be stipulated in the act that the same will be paid by the person donor. In the case of donations with charges, a deduction will be made from these, applying the impuesto only to the extent that one benefits.
The contracts of donation are common tools used to transfer goods o derechos free of charge between individuals. Without embargo, it is important that this type de contract be drafted clearly and precisely to avoid future misunderstandings or disputes. In addition, it is advisable to consult a Experience of the right or a notary to ensure that all legal formalities required by the legislation valid.
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