Gift contract
A gratuitous transfer of a thing or a right: structure, limits, and what to check before you sign
A gift contract records a gratuitous transfer of a thing or a right. If the text includes something given in return, the “gift” is easily reclassified and the deal is challenged.
In practice, disputes are about the subject matter (especially real estate), the moment of transfer, the right to revoke the gift, and the signer’s authority. Before you sign, it helps to separate a gift from an annuity and from a sale “for a token price.”
Draft a text or check a finished gift contract:
Structure of a gift contract
- The parties: the donor and the donee
- Subject matter: a thing or a right with an unambiguous description
- That it is gratuitous, and that there is no consideration in return
- The moment of transfer and the documents for the property
- Third-party rights, encumbrances, and a spouse’s consent (if needed)
- Grounds for revoking the gift or refusing it
- Registration of the transfer of title (for real estate)
- Liability and annexes
What to check before you sign
- The property is described unambiguously: address, cadastral number, identifiers
- There is no hidden payment, services, or other consideration in return
- Whether there are bans on gifts for particular persons
- Whether consent of a spouse or of other persons is required
- Which grounds for revoking the gift are written in the text
Dangerous wording:
- “The donee undertakes to …” as a condition of the transfer — a risk of consideration in return
- “The property is transferred as is” with no inventory for real estate
- “The donor may revoke the gift at any time without cause”
- “The subject matter will be determined separately”
For the donor and for the donee
The donor cares about: a clear subject matter, an understanding of the tax and family consequences, and correct grounds for revocation. The donee cares about a clean title, no hidden encumbrances, and a clear procedure for registering the transfer of title.
If the question is the spouses’ property regime, see a marriage contract. If the property is transferred against regular payments, see an annuity contract.
Draft or check
A draft — draft a gift contract online. A finished file — check it for risks / with AI. Edits — compare the versions.
Common questions about a gift contract
Can a gift be made subject to a condition?
Particular conditions are possible, but consideration in return destroys the nature of a gift. The wording needs to be read especially carefully.
Does a gift of real estate need registration?
Transfer of title to real estate is usually registered. Without registration, title is not treated as having passed.
How does a gift differ from an annuity?
A gift is gratuitous. An annuity assumes periodic payments for the property transferred.
How do you check a gift contract online?
Upload a PDF or Word file: the service will highlight risks on the subject matter, hidden conditions, and grounds for revocation.
A gift contract online
Assemble a draft or check a finished text before you sign and register.