
The 2015 Civil Code provides regulations on the donation of property as follows:
Contract of Donation of Property
A contract of donation of property is an agreement between the parties whereby the donor transfers ownership of his or her property to the donee without requiring compensation, and the donee agrees to receive the property.
Donation of Movable Property
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A contract of donation of movable property takes effect from the time the donee receives the property, unless otherwise agreed by the parties.
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For movable property for which ownership registration is required by law, the donation contract takes effect from the time of registration.
Donation of Immovable Property
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A donation of immovable property must be made in writing and notarized, certified, or registered if the immovable property is subject to ownership registration as required by law.
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A donation contract for immovable property takes effect from the time of registration; if the immovable property is not subject to registration, the contract takes effect from the time the property is delivered.
Liability for Intentionally Donating Property Not Owned by the Donor
If the donor intentionally donates property that does not belong to him or her, and the donee does not know or could not have known of this fact, the donor must reimburse the donee for the expenses that increased the value of the property when the rightful owner reclaims it.
Notification of Defects in Donated Property
The donor is obligated to inform the donee of any defects in the donated property.
If the donor knows that the property has defects but fails to notify, he or she must compensate for any damage caused to the donee.
If the donor is unaware of the defects, he or she is not liable for any resulting damage.
Conditional Donation of Property
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The donor may require the donee to perform one or more obligations before or after the donation.
The conditions of the donation must not violate legal prohibitions or contradict social ethics. -
If the obligation must be performed before the donation, and the donee has completed it but the donor fails to deliver the property, the donor must compensate for the obligation already performed by the donee.
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If the obligation must be performed after the donation and the donee fails to do so, the donor has the right to reclaim the property and claim damages.
(Legal basis: Articles 457–462 of the 2015 Civil Code)
