Another successful case challenging an apartment donation agreement in Moscow on the basis of a significant misconception regarding the nature of the transaction (Article 178 of the Civil Code of the Russian Federation)

In Russian legislation you can find a fairly large amount of information that relates to the issue of real estate ownership.

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Many people believe that a gift agreement cannot be challenged, but this is not true. When considering breaking a deal, you need to take into account the time during which it will be possible to do this.

How long is the deed of gift valid?

The document drawn up and signed comes into force immediately after passing the state registration procedure.

After this, the document is considered unlimited, that is, its validity is not limited. However, in some cases it may be challenged in court.

In some cases, the donor specifies the time after which the agreement comes into force. If it is drawn up at home by hand, registration is carried out within three years from the date of compilation.

Lawyers do not recommend putting this moment on hold, as serious problems may arise in the future.

How to restore the deadline for challenging a gift in 2020

Restoration of the statute of limitations means the fact that the court will protect the violated rights of the applicant, even after the expiration of the period of challenge established by the legislator. However, it's not that simple.

Expert opinion

Lyudmila Kim

Invited expert: author of the “Child Support” blog, practicing family lawyer, 7 years of experience.

To accomplish this, the plaintiff is obliged to provide the court with irrefutable evidence of the valid reasons that became an obstacle to his going to court. In 2020, such evidence may still include travel certificates, medical documents, etc.

Among the main valid reasons, the presence of which allows you to increase the statute of limitations, it is worth highlighting the following:

1. military service;
2. caring for a seriously ill relative or disabled person;
3. illiteracy (in fact, lack of understanding of the Russian language and legislation) - as a rule, applies to foreign citizens;
4. a helpless state caused by the use of psychotropic drugs, alcohol or difficult emotional experiences (for example, due to an accident or the loss of a relative);
5. a serious illness, or more precisely, its treatment in an outpatient clinic (the very fact of illness, without hospital treatment, is not a valid reason);
6. long business trips of the plaintiff;
7. serving a sentence in a pre-trial detention center.

EVERYONE NEEDS TO KNOW THIS:

Gift agreement between spouses

It is worth understanding that we have given only the most common good reasons. You can read the rest yourself or ask our lawyers by writing in the chat.

The limitation period for a gift agreement - how to determine?

The calculation of the period under consideration is carried out from the day when the person learned about the violation of his own rights.

In most cases, the starting point depends on the plaintiff:

1. If a previously concluded transaction is disputed by one of the interested parties, then the deadline begins from the moment the agreement is signed.
2. In the case where the contract is contested by a third party, the period begins from the moment when the person learned of the violation of the right.

Note! For a void gift agreement, the period is 3 years, for a voidable one, no more than 1 year. Such standards were established at the legislative level to ensure that the plaintiff had a sufficient amount of time to determine whether rights were violated.

Limitation period for canceling a gift agreement

Advice from lawyers:

1. Is it possible to cancel a donation agreement for a share of a share in an apartment, concluded through the State. services (not notary), if the remaining shareholders, and there are 6 of them. of which 2 were children (7 in total) They did not know about the donation. And what is the statute of limitations for termination? And are there other reasons for canceling the contract? Thank you.

1.1. Unfortunately, it is not necessary to notify other shareholders about the completion of the donation transaction. It cannot be terminated, just as the donation cannot be canceled (on special grounds), but it can be challenged. You can try to challenge almost any transaction on the general grounds of declaring the transaction invalid. But this is not an easy matter, especially if you are not old on the deal. And the statute of limitations is either 1 or 3 years from the moment the transaction was completed or from the moment you learned of a violation of your right (if any) do not answer here without knowing all the details.

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1.2. Please explain between which persons the gift agreement was concluded?

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2. Additions to question 10179733, during what time can you file a lawsuit to cancel the gift agreement from the date of donation? If the statute of limitations.

2.1. Hello! The statute of limitations begins to run from the moment you become aware of a violation of your rights.

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2.2. Civil Code of the Russian Federation Article 578. Cancellation of a donation 1. The donor has the right to cancel the donation if the donee has made an attempt on his life, the life of one of his family members or close relatives, or has intentionally caused bodily harm to the donor. In case of intentional deprivation of life of the donor by the donee, the right to demand in court the cancellation of the gift belongs to the heirs of the donor. 2. The donor has the right to demand in court the cancellation of the donation if the recipient’s handling of the donated item, which represents great non-property value for the donor, creates a threat of its irretrievable loss. 3. At the request of an interested person, the court may cancel a donation made by an individual entrepreneur or a legal entity in violation of the provisions of the law on insolvency (bankruptcy) at the expense of funds related to his business activities within six months preceding the declaration of such a person as insolvent (bankrupt). 4. The gift agreement may stipulate the right of the donor to cancel the gift if he survives the donee. 5. In case of cancellation of the donation, the donee is obliged to return the donated item if it was preserved in kind at the time of cancellation of the donation.

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3. What is the statute of limitations for canceling a donation agreement for a share of an apartment? The donation took place around 2009. And is it possible to carry out a transaction on the basis of a significant deterioration in living conditions?

3.1. Ekaterina, as for the limitation period for canceling a gift agreement, in accordance with Article 181 Part 1 of the Civil Code of the Russian Federation it is 3 years, and it all depends on the situation, and you write that about 7 years have already passed, besides, it is very difficult to challenge a gift agreement and very compelling reasons are needed, for example, violent coercion, the irresponsibility of the donor, or physical harm to the donor by the recipient and a number of other cases. If in your case there are no these unpleasant consequences and 6 years have already passed, then you will no longer be able to return the donated property.

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4. Is being in prison for murder a valid reason for the court to restore the statute of limitations in a civil case to cancel a gift agreement?

4.1. Hello. Maybe. Depends on the circumstances of the case.

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5. The grandmother drew up a deed of donation of a house for her granddaughter about 10 years ago. About a month ago, at the suggestion of other relatives, the grandmother went to the police with a statement of beatings. Although the granddaughter did not apply them, they still aroused the ug. case under Art. 116 of the Criminal Code. Now these relatives are collecting documents to cancel the gift agreement. Tell me what to do for my granddaughter? Is there a statute of limitations for canceling a gift deed?

5.1. There is no statute of limitations for canceling a donation agreement, so the relatives chose this method of canceling the donation by initiating a criminal case to prove the infliction of bodily harm. This circumstance, according to Article 578 of the Civil Code of the Russian Federation, is the basis for canceling the donation. Therefore, the granddaughter needs to prove that she was not involved in the beatings.

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6. A relative sold a share in the apartment under a gift agreement more than 3 months ago. I assumed that the donation was a sham transaction, but had no evidence of it. 2 weeks ago, a copy of the deposit box lease agreement was received in the name of the seller and buyer, which confirmed the consideration of the transaction. Question: from what point is the statute of limitations calculated for filing a lawsuit to cancel the donation and transfer the rights of the buyer?

6.1. The three-month period is calculated from the moment the co-owner learned of the violation of his right. This will need to be proven in court.

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6.2. That is, from the moment you receive a copy of the deposit box lease agreement? Svetlanochka Grigorievna, I can read, and Art. I can quote 200 GK in my sleep, but with the use of the problem, yes. and I would like to pay for a consultation with someone who knows the question, but I don’t see anyone, if the answer is only quotes from the Civil Code without practical application, and this is already available in any database Write a message to the author of gratitude And the problem is that it is not enough to be able to read and quote rules of law, you also need to understand. But you need to understand what “from the moment the person learned about the violation of his right” means. When you found out that the seller “sold” the share in violation of your right of first refusal, namely: when this ill-fated lease agreement for a safe deposit box ended up in your hands. This is exactly what you must convey to the court.

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7. Is the cancellation of a gift agreement and state registration of property rights subject to enforcement after the statute of limitations is one year from the date of conclusion of the gift agreement and state registration of property rights?

7.1. Hello, please clarify the question, what is forced execution of the cancellation of a gift agreement? Is there a court decision?

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8. Why do the answers indicate the limitation period for the cancellation of a gift agreement differently? Some write for 1 year, some for 3 years. Article 196 of the Civil Code clearly states that the general limitation period is set at three years. Does a gift deed belong to a different category? I will be grateful for your answer.

8.1. General limitation period.

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8.2. Because transactions can be considered void and invalid. Depending on the reasons for challenging the gift agreement, the statute of limitations runs.

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8.3. Nadezhda, hello! As I understand it, this is NOT about applying the consequences of the invalidity of a transaction (void or voidable), but about CANCELING a transaction (donation). If so, then the general statute of limitations is three years. Art. Art. 196, 200 Civil Code of the Russian Federation. Sincerely, Kharchenko O.V.

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9. Grandmother signed a gift agreement, she was told that this was an agreement in exchange for caring for her (she is 90 years old). What is the statute of limitations for canceling a donation in accordance with Article 179 of the Civil Code of the Russian Federation?

9.1. Galina, the statute of limitations can be counted, for example, from the day when the person learned or should have learned about the violation of his rights.

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9.2. Galina, hello! The statute of limitations is one year, starting to run from the day when the grandmother learned or should have learned about the violation of her right. Sincerely, Kharchenko O.V.

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10. Please tell me whether there is a limitation period for the cancellation of a gift agreement or a marriage contract by the court. Thanks in advance for your answer. Best regards, Yulia.

10.1. Dear Yulia 1, you probably wanted to ask whether there is a statute of limitations? The term exists for 3 years. The only thing is, if you are interested in the pass, look at Articles 205.196, paragraph 2 of Article 199 of the Civil Code of the Russian Federation.

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11. My husband wants to give me a car, 2004, we have been officially married for 15 years, we have a child 1. what documents are needed to draw up a gift agreement? 2. How much do we need to pay the notary when registering a transaction? 3. Is there a statute of limitations for possible cancellation of a gift agreement?

11.1. You don't need a notary agreement. Can be done in simple written form. You will need a title for the car. The traffic police must enter you into the PTS and issue a vehicle registration certificate in your name. It is also necessary to renew your insurance. The statute of limitations is 3 years from the day the person learned or could have learned of a violation of his rights.

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12. The father is going to cancel the gift agreement, there are no grounds or compelling reasons for cancellation. Motivated by the fact that he did not understand what he was doing. Everything was stipulated in the deed of gift. The deed of gift is 3 years. Is it possible to cancel the statute of limitations citing this reason?

12.1. Hello, Gulya! According to Art. 578 of the Civil Code of the Russian Federation, the donor has the right to cancel the donation if the donee has made an attempt on his life, the life of one of his family members or close relatives, or has intentionally caused bodily harm to the donor. In case of intentional deprivation of life of the donor by the donee, the right to demand in court the cancellation of the gift belongs to the heirs of the donor. The donor has the right to demand in court the cancellation of the donation if the recipient’s handling of the donated item, which is of great non-property value to the donor, creates a threat of its irretrievable loss. At the request of an interested person, the court may cancel a donation made by an individual entrepreneur or a legal entity in violation of the provisions of the law on insolvency (bankruptcy) at the expense of funds related to his business activities during the six months preceding the declaration of such a person as insolvent (bankrupt). The gift agreement may stipulate the donor's right to cancel the gift if he survives the donee. In case of cancellation of the donation, the donee is obliged to return the donated item if it was preserved in kind at the time of cancellation of the donation. So if there really are no compelling reasons to cancel the donation, then the court, most likely, will not satisfy your father’s claim. It is pointless to talk about the application of the statute of limitations now until the father has filed a statement of claim and it is not clear what he is referring to. If he does go to court, you will be given a copy of the statement of claim. Then - you are welcome! Let's discuss this claim and think about how we can object to it.

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13. Is there a statute of limitations for filing a complaint with the prosecutor’s office regarding fraud if 4 years have passed since the date of the donation agreement for half the share of the apartment? But after the cassation appeal for the cancellation of the gift deed, which I lost, do I have 5 months left? Because the regional court said that it can be renewed within 6 months if there is other evidence or circumstances change.

13.1. Dear Elena, to say specifically about the timing, you need to know under which part of Article 159 of the Criminal Code of the Russian Federation you want to attract a person, then see what category of cases your particular case belongs to; for this, see Article 15 of the Criminal Code of the Russian Federation and if you have Part 1 of Article 159 of the Criminal Code , then according to paragraph 2 of Article 15 of the Criminal Code of the Russian Federation, this is a Crime of minor gravity, then you need to look at Article 78 of the Criminal Code of the Russian Federation 1. A person is exempt from criminal liability if the following periods have expired from the date of commission of the crime: a) two years after the commission of the minor crime heaviness; those. if 4 years have passed, then the deadline has been missed; if you have Part 2 of Article 159 of the Criminal Code of the Russian Federation, then the deadlines for bringing to criminal liability have not yet expired. Good luck to you!

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Is it possible to suspend and interrupt the limitation period?

In some cases, the statute of limitations may be shortened or extended. These points are prescribed in civil legislation:

1. The occurrence of an indefinable and emergency situation related to the property specified in the gift agreement. This category includes the emergency condition of real estate, the development of various disasters.
2. When martial law is declared or in the event that one of the parties serves in the Armed Forces.
3. If a court decision was made that such a right should be suspended. Most often they are associated with illegal actions of one of the parties.
4. In case of temporary suspension of the Civil Code.

Note! The above information indicates that one of the parties cannot suspend or interrupt the limitation period at its own request.

Claims may arise from several parties:

• From the donor himself. There is often a situation where the person transferring ownership changes his mind after drawing up and registering the contract. The former owner will not be able to return the property at his own request, but it is possible to change it due to the changed situation. An example would be a case where the recipient hid information or exerted undue influence on the donor.
• At the donee. This situation is extremely rare; most often the conditions for the transfer of property, as well as the timing of inheritance, are disputed.
• From a third party, which is the creditor or mortgagee. It is often possible to encounter a situation where the lender did not formally formalize the transaction. If your own property was transferred to another person, then such actions are considered unlawful.
• Direct heir. When registering a deed of gift, the rights of heirs are not taken into account. However, they can challenge such a decision.

Let's celebrate! If the statute of limitations was changed illegally, such actions will subsequently be declared invalid. An example is the case where it is stipulated in the text or reflected in an additional agreement.

How to restore and extend the period?

If the court has determined that the plaintiff’s rights have been violated, then they can be restored even beyond the considered period.

However, to obtain such a decision, it is necessary to provide evidence that the specified period in the civil code was missed for valid reasons. Moreover, such reasons must last for at least six months.

Valid reasons include:

1. The helpless state of one of the persons. An example is the case of drug and alcohol abuse, various psychotropic substances. This category also includes emotional experiences.
2. If the gift agreement was drawn up and registered at the time of military service, then such a case is also considered a valid reason.
3. Serving a sentence in prison. It does not matter under what article the plaintiff was previously convicted.
4. Caring for patients undergoing treatment at home (relatives or family members).
5. Foreigners who do not know the Russian language and legislation can also extend the period under consideration. This situation is due to the fact that the person who has the right to the property, due to his illiteracy, was unable to challenge the deed of gift in a timely manner.
6. Serious illness. It is worth considering that such a concept does not appear in legislation or medicine. The court considers only the case when the plaintiff is in hospital treatment or undergoing rehabilitation.
7. If the plaintiff’s profession involves long business trips in remote regions. To extend the period in this case, it is enough to submit travel documents or an order for transfer to a remote place of work, for example, abroad.

The above list is far from complete, since the court considers each appeal.

There are quite a large number of cases when you can challenge a deed of gift. The limitation period for the contract in question ends at the moment when one of the interested parties files a lawsuit to declare it invalid.

Let's celebrate! A filed claim may be pending for a long period of time. The legislation provides for its extension in cases where the period is less than six months.

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The position of the legislator, the definition of the term and the claim period in 2020

By the term “voidable transaction” the legislator means any invalid transaction, except those that can be classified by him as void. At the same time, such an agreement can still be challenged in 2020 only in court, which distinguishes it from a void agreement, which is invalid in its essence, that is, initially (at the conclusion of the transaction).

Thus, a transaction can be challenged in court only after the donation agreement is signed and the object of the donation is transferred from the donor to the donee. At the same time, the legislator allows filing such a statement of claim not immediately after signing the agreement, but after a fairly long period of time. Simply put, contested gift transactions have their own statute of limitations.

Based on the provisions and information contained in Article 195 of the Civil Code of the Russian Federation, the limitation period is the period within which an interested person can protect his rights that were violated by one of the parties to the donation.

Similar claims regarding the legality of the executed gift agreement may arise:

1. At the donee party. Most often, the requirement of the claim is the demand to transfer to him the object promised by the donor or the rights to it.
2. On the giving side. As a rule, we are talking about canceling the agreement or refusing to make a donation for any reason.
3. Mortgage holders as well as creditors. Some unscrupulous citizens try to donate property that was subject to collection for credit debts and loans.
4. The heirs of the donor (by law and will).

EVERYONE NEEDS TO KNOW THIS:
Voluntary donations to educational institutions: conditions of legality in 2020

According to the legislation in force in Russia in 2020, the statute of limitations for voidable transactions is 1 year. It is during this period that the legislator guarantees the protection of the applicant’s rights.

However, the end of this period is not always a reason for refusing to consider the claim. Another period is usually applied by the judicial authority in cases where one of the parties makes a corresponding request before the actual court decision on the stated claims or if one of the parties has valid reasons why it could not file a claim earlier.

Expert opinion

Oleg Ustinov

Practicing lawyer, author of the website “Legal Ambulance”, one of the co-founders of the “Our Future” foundation.

Simply put, the limitation period is established within the framework of civil law, and any attempt by the parties to change its duration by agreement between themselves (reflecting the duration of the period in an additional agreement or, for example, stipulating it in the body of the agreement itself) will lead to the recognition of the entire transaction as invalid! Only the court can change the term!

Legislator's position: formulation and process

Let us immediately note that judicial practice in the field of challenging depends on the legal complexity and individual features of this category of court cases. For example, an apartment donation agreement is subject to challenge solely on the basis of the norms established by the legislator, which in 2020 still include:

• Recognition of the nullity of a gift in court;
• invalidity of the contract;
• cancellation of the agreement.

In legal practice, every year there are more and more lawsuits on claims of feigned or imaginary deed of gift and at the request of the heirs of the donating party, which require the return of the property donated to the donee to the estate and its subsequent distribution according to the law, in accordance with the current legislation of the Russian Federation.

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What kind of decision the court will make in the cases under consideration depends entirely on the ability of the plaintiff to prove the bad faith of the accused person by providing indisputable evidence confirming his words.

When drawing up a gift agreement, the parties are required to take into account possible conflicts and risks that may cause litigation and challenge of the executed agreement. That is why, even at the stage of preliminary agreement, the donor and recipient are recommended to familiarize themselves with all the current legal requirements that the legislator imposes on the execution of a gift transaction.

It’s even better if the participants agree to have the transaction supported by a notary. Then 90% of the important work will be transferred to an experienced specialist, and an agreement drawn up in his presence and certified by him will become a guarantor of peace of mind and will reduce the risks of litigation to zero.