Lawyer for challenges to gifts and donations in Bucharest
Do you want to contest a donation or do you need to review the document received? We analyze the contract, the reason invoked and the family situation to distinguish cancellation, revocation and reduction of the liberalities.
Description
Lawyer for challenges to gifts and donations in Bucharest
Do you want to contest a donation or do you need to review the document received? We analyze the contract, the reason invoked and the family situation to distinguish cancellation, revocation and reduction of the liberalities.
Three approaches with different conditions
Nullity concerns the validity of the donation at the time of conclusion. Revocation may occur for ingratitude or failure to perform without justification the duties, under the law; the mere reconsideration by the donor is not a general ground. Reduction concerns the protection of the successor reserve after the opening of the succession. These claims have different holders, evidence and deadlines.
What we check in the contract and in the facts
- The form of the act, the capacity and consent to sign.
- The tasks undertaken and the evidence of their execution or non-execution.
- The actions invoked as ingratitude and their legal classification.
- Status as a forced heir, the estate and the relevant gifts.
- The situation of the property and any subsequent transfers.
The donation and the inheritance reserve
A parent’s gift of an asset to one child does not in itself invalidate the deed. To assess protection of the reserved share, we examine the estate, gratuitous dispositions and the shares of those entitled. Collation of gifts is a separate legal mechanism from reduction of excessive gifts or bequests. Heirs do not all have the same claim, and not every gift must be returned in full.
Documents for the first discussion
Prepare the donation and attachments, the property deeds and the land registry extract. For a succession dispute, the death certificate, civil status documents, the heir certificate if there is one, and information about assets, debts, and other liberalities are useful. For duties or ingratitude, add the chronology, correspondence, and available documents.
Frequently asked questions
Can I revoke the donation just because the relationship has deteriorated?
We verify the facts in relation to the legal grounds. A family conflict does not automatically prove the conditions for revocation.
Is it the same thing as contesting a will?
No. The donation and the will have their own regulations, even though there may be common problems regarding the succession reserve.
When should the lawyer be consulted?
As soon as the dispute arises. Do not apply a single term to all grounds of challenge.
Pentru donațiile supuse actualului Cod civil, art. 1.024 alin. (1) stabilește un termen de un an pentru revocarea cerută de donator din cauza ingratitudinii, calculat de când acesta a cunoscut fapta imputată donatarului. Dacă demersul este făcut de moștenitori, verificăm separat condițiile speciale din alin. (3)-(4).
Pentru neexecutarea sarcinii, art. 1.027 alin. (3) stabilește trei ani pentru cererea de executare a obligației sau de revocare, calculați din momentul în care obligația trebuia îndeplinită. Aceste termene nu se transferă automat asupra anulării donației ori reducțiunii. Trimite data contractului, clauza privind sarcina și cronologia faptelor, pentru verificarea legii aplicabile și a începutului termenului.
Request the analysis of the documents
Lawyer Constantin Andor has been a member of the bar since 2000 and has operated his law office since 2007. Services and fees are agreed in a legal assistance contract after the objective and documents have been clarified. The law office works with lawyers and experts according to the needs of the case. We do not guarantee a particular outcome or duration.
Call: 0732.710.701 · Contact us on WhatsApp · Contact form. Mention any approaching deadline. Confidential documents should be sent using the method agreed with the law office.
