If wishing to challenge a gift transaction, a citizen must first clarify the statute of limitations for it. The law sets clear time frames. If time is lost, you can restore it by filing an appropriate petition. The court will grant the request if the plaintiff has a good reason. The statute of limitations for a gift agreement is standard, but it is worth understanding the nuances of the procedure to determine whether the period varies depending on the type of property.
General limitation period for donation
A voidable transaction is a type of invalid agreement other than those recognized by law as void.
The court carries out the procedure; only it has the right to make such a decision based on the evidence provided by the parties.
Donation is a simple procedure. As soon as the parties sign the agreement, the donor transfers the property to the donee, and he registers his rights as an owner in Rosreestr. As soon as the new agreement is registered, there is a possibility of challenging it in court.
Learn important things: Registration of rights to real estate: procedure
Sometimes citizens initiate the process after a long time. According to the provisions of Article 195 of the Civil Code of the Russian Federation , the limitation period is the time given to a person to protect his violated rights.
The plaintiff's claims arise when:
· from the donor - decided to cancel the agreement and return the transferred property;
· from the donee – demand the promised;
· creditors and pledgees – the gift transferred to the recipient was previously subject to foreclosure;
· heirs of the donor – return the property of the deceased.
Legally, the transaction is considered voidable, although it is difficult to fulfill. After all, both parties were sane when signing the agreement and knew the consequences of their decisions.
The statute of limitations established by law is short, 1-3 years , depending on the wording of the claim.
Break and suspension of the limitation period
During the limitation period, persons who have the right to challenge invalid transactions may encounter circumstances that prevent them from filing a claim in court. If such circumstances are recognized by the court as valid, then the limitation period is suspended for the duration of their existence. Such cases are defined in paragraph 1 of Art. 202 Civil Code of the Russian Federation:
- the occurrence of an emergency or unpreventable situation that prevents the plaintiff from filing an application on time;
- the plaintiff or defendant served in the ranks of the Armed Forces of the Russian Federation under martial law;
- deferment by law of fulfillment of obligations;
- suspension of legislative acts that regulate legal relations.
There are also other grounds for suspending the limitation period. For example, Art. 204 of the Civil Code of the Russian Federation provides for such a possibility when going to court to protect one’s violated rights. The time limit is suspended for the entire duration of the trial from the moment the plaintiff applies to the court . If the court left the claim without consideration, then the limitation period continues to run. This does not apply to claims brought in a criminal case.
A mandatory condition for suspending the limitation period is the operation of the above circumstances in the last six months before the expiration of the established claim period (Clause 2 of Article 202 of the Civil Code of the Russian Federation). After the termination of the circumstances, the duration of the period is extended to six months, if the remaining part of it is less than six months.
This is important to know: Types and elements of claims in the arbitration process
The limitation period may also be interrupted . Unlike the suspension of a period, its interruption is associated with the actions of the plaintiff or defendant. In accordance with Art. 203 of the Civil Code, the grounds for interrupting the limitation period are:
- filing a claim - a statement of claim must be filed with the judicial body that has jurisdiction over the case, in the manner prescribed by law, in compliance with the form and content, paying the state fee, attaching the necessary additional documents, evidence, etc.;
- the defendant commits actions that will indicate his recognition of the claim - for example, partial payment of the debt or a request for its deferment, a statement by the defendant agreeing with the plaintiff’s demands.
These actions must be completed before the expiration of the statute of limitations established for challenging the transaction. The break time is not counted , and the calculation of the limitation period begins anew after the break.
Apartments
Often this type of real estate becomes a “bone of contention” between the parties. According to the law, the owner has the right to give the property to anyone, even a stranger. Relatives who consider themselves legal heirs are opposed.
The general statute of limitations for such procedures is:
- 3 years is a general rule that applies to all void transactions;
- 1 year – voidable transactions or recognized as such through the court.
Expert opinion
Nina Matveeva, real estate consultant
If you miss this time, you will have to restore it. Here it is important for the plaintiff to provide compelling arguments for his delay. This is established by the Civil Code, and the parties cannot change the time privately. Any agreement between them will be illegal.
The limitation period for a gift agreement
According to Part 2 of Art. 181 of the Civil Code of the Russian Federation, the limitation period for a claim to recognize a voidable transaction as invalid and to apply the consequences of its invalidity is one year.
Limitation period:
- 3 years (as a general rule and for void transactions);
- 1 year (for voidable transactions that are recognized as such in court).
The legislator has established such limited terms so that the plaintiff (the one whose rights are violated) can figure out whether his rights have been violated , if so, how, and at the same time, evidence will not be lost in such a short time. The loss of evidence can affect the “quality” of justice, leading to an unfounded court decision regarding the dispute.
This is important to know: Submitting a claim to the defendant under the Code of Civil Procedure of the Russian Federation
The limitation period may be suspended in exceptional cases (specified in civil law):
- if there is an emergency, insurmountable situation;
- one of the parties serves in the Armed Forces of the Russian Federation, when martial law is declared;
- such suspension is legally enshrined;
- The Civil Code of the Russian Federation has been suspended.
Shares in the apartment
You can donate not all, but part of the property. The main thing is the status of the owner. If he is the owner, he has freedom of action. The statute of limitations for challenging such agreements is one – 3 years . However, other circumstances may arise. For example, the gift involved cash and the transfer of cash was documented.
There will be some nuances:
· the statute of limitations for challenging a transaction will remain unchanged;
· the procedure may change, then the time will increase;
· the agreement is canceled upon receipt of cash in exchange for a completed deed of gift;
· if the donor takes money in exchange for the property being given away, the agreement can be officially recognized as a purchase and sale.
Find out important things: Donating a share in an apartment - how it happens
By law, money should not appear in such procedures. The recipient of the property takes the property for free. And he bears no reciprocal obligations. Otherwise, the donation will be cancelled.
Shares in LLC
A citizen has the right to donate only the paid-up portion of the authorized capital (his share of the LLC). Moreover, the charter must contain the conditions under which the procedure will take place. And the consent of other members of society.
The deal is declared invalid in court. The authorized person writes a claim to the arbitration court:
- the donor or his representative;
- a person whose rights were violated after the conclusion of the agreement (for example, an heir);
- a prosecutor representing the interests of the donor.
The plaintiff needs to prove his case. According to the provisions of Article 181 of the Civil Code of the Russian Federation, the time limit for all voidable transactions is 1 year, and void transactions are 3 years. The opportunity to initiate a case remains even after the expiration of this period. The concept of “limitation period” will be used if one party declares this in advance.
Limitation period for a gift agreement
The law provides for the right of persons who believe that their rights have been violated to go to court. This also applies to relatives of persons who made gifts to other persons, which, in the opinion of the former, is not fair. In some cases, the donors themselves are plaintiffs in such cases.
According to the law, the limitation period is the period during which any person has the opportunity to restore his violated rights in court. Does this apply in the case of an apartment donation agreement? Yes, it is applicable - such a transaction has a statute of limitations, therefore, persons interested in their cancellation have the right to file a lawsuit.
At the same time, you need to understand that in order to submit such applications, and even more so to obtain a positive court decision for yourself, you need to have grounds. They are provided by law. In addition, the plaintiff must prove these grounds, otherwise the case will not be won.
Deed of gift and procedure for its registration
The procedure for its registration is provided by law. A deed of gift is the process of one person transferring his property to another person as a gift. According to it, the donee has the right to become the owner of the received property. It must be taken into account that for this he needs to register the gift in his name, if it is required by law to be registered.
A deed of gift implies that it is a two-way transaction in which both the donor and the donee are directly involved. This means that both of these persons must be present during the process of drawing up the gift agreement and sign the document.
Moreover, this transaction is gratuitous, i.e. the donor is deprived of the right to demand material or moral compensation for the gift from the recipient. If it deals with any counter actions, gifts, or payment, such a transaction is not considered a gift transaction.
An apartment donation agreement, like any other deed of gift, can be challenged if the statute of limitations has not been missed. This can be done if the transaction is declared invalid.
There are two types of invalid transactions:
- Insignificant. A document is recognized as such if it is drawn up legally illiterately. To declare it void, it is not necessary to go to court (but this is not prohibited). It can be recognized as such on the basis of general rules. This can be done both at the time of drawing up and concluding the document, and later. Nevertheless, when transferring property under such a transaction, they often go to court, but, as a rule, not to recognize it as void, but with the aim of returning the gift that has already been transferred to the donee;
- Voidable. If we are talking about a deed of gift for an apartment or other property, a voidable transaction is understood as one that was concluded legally correctly, but legal norms, someone else’s rights, etc. were violated.
For each of these cases, there are grounds for recognizing the deed of gift for an apartment as an invalid document, as well as the limitation periods within which this can be done.
According to the law, the omission of this period by persons who have the right to challenge the transaction deprives them of the right to defend their rights in court, but the violation remains a violation. In this regard, such persons, even after its expiration, have the right to go to court, and this authority will be obliged to accept such a case for consideration. The only exceptions are cases when the defendant himself goes to court and proves that the plaintiff missed the deadline for no good reason.
The difference between a voidable document and a void document is that the first invalid document is capable of entailing legal consequences, while the second is not.
This is important to know: Child support debt after 18 years: statute of limitations
Limitation period for a void gift agreement
He is such from the moment the document is signed, and there is no need to prove this in court. Nevertheless, there are often cases when property is transferred in accordance with a void gift agreement.
In such a situation, interested parties whose rights have been violated have the right to go to court. This body will not only make a decision on the nullity of the apartment donation agreement, but will also oblige the person who received it to return the gift.
The limitation period for a void deed of gift is 3 years.
The important point is from what moment this time is counted.
It could be:
- The day the contractual obligations begin to be fulfilled, i.e. registration of the apartment in the name of the new owner;
- The day on which the interested party should have or learned that the conditions of the deed of gift began to be fulfilled.
Thus, this period for an interested person who did not know about the violation of his rights for a long time may be more than 3 years allotted by law. But the law also stipulates that it should not be more than 10 years, regardless of when the person learned about the transaction and its execution. In this case, the limitation period is determined taking into account the relevance of the process of challenging the deed of gift for the apartment.
Who can file a lawsuit if it has not yet expired?
One of the parties to the transaction. This can be either the donor or the recipient;- Other interested parties. These may include the donor's immediate family, who by law have the right to claim his property in the event of the death of this person.
As for the first case, the interest of the parties in canceling the transaction may be dictated by the desire to formalize it anew - in accordance with all the rules of the law.
To do this, there is no need to go to court. You just need to contact a notary and complete the procedure again.
But there are situations when one of the parties wants to cancel the apartment donation agreement for other reasons:
- The sham of the transaction, due to the desire of the donor to cover up other methods of transferring property, or other reasons;
- The donor changed his mind, deciding to return the gift;
- The recipient decided to refuse the gift due to some circumstances, in particular those that he did not know about before.
In such situations, the nullity of the apartment donation agreement will only be a pretext, but it will allow the deed of gift to be canceled if it really turns out to be void.
Limitation period for a voidable gift deed
Only the court must recognize such a transaction. This is explained by the fact that the execution of such donations leads to legal consequences.
The statute of limitations for a contestable deed of gift for an apartment is 1 year, and it can be calculated as follows:
- From the day when the person whose rights were violated should have known or learned about it;
- From the day when the circumstances due to which the rights of any of the parties or other persons related to the gift or parties were violated were eliminated. For example, the process of donation was carried out under pressure on the donor or when violent acts were committed against him. In such a situation, the period for challenging will begin to count from the moment the impact ceases.
This is not the only example of such circumstances. If they are the basis for declaring the gift agreement invalid, the plaintiff must provide evidence of their existence. In the absence of evidence, this period will be counted from the day following the day on which the deed of gift was concluded.
Suspension, interruption of the limitation period
This period may be suspended. This is possible due to certain circumstances that prevent interested parties from filing a claim in court. They must also be recognized as valid in court, and if this happens, the statute of limitations on the deed of gift will be suspended for as long as they last.
Such circumstances may be:
- The plaintiff or defendant is in military service if martial law is declared;
- Postponement of fulfillment of contractual obligations in accordance with legal regulations;
- Suspension of acts and norms of law governing legal relations between the plaintiff and the defendant.
This is not a complete list of such circumstances.
They are provided for by the Civil Code and depend on specific situations. The limitation period for an apartment donation agreement may be interrupted.
Unlike suspension, the grounds for this are any actions of the defendant or plaintiff.
Such actions are:
- Filing a claim with a judicial authority. It must be submitted to the authority that is competent to conduct the relevant case in the manner prescribed by law;
- The defendant performs any actions indicating that he admits the claim. For example, this may be his recognition of the plaintiff’s claims, supported by documents.
Car
Here, the limitation period depends on the prevailing circumstances, due to the occurrence of which the citizen decided to challenge the donation. According to the general rules, he will have 3 years to prepare documents and file a claim.
It is possible to apply at a later time if the initiator of the process learned about the deed of gift late. He will have to document his ignorance and the fact of violation of rights.
By law, a donation is considered a final transaction with irreversible consequences. It's hard to argue with him.
Find out important things: Donation agreement with encumbrance
Is it possible to cancel a deed of gift?
An effective way to cancel a transaction is to recognize the gift agreement previously concluded between the parties as void.
The following reasons are considered significant:
1. Lack of state registration of the agreement in Rosreestr - then the donor will remain the owner.
2. The document contains a clause according to which the donee must provide the donor with a service in return or transfer a certain amount of money.
3. The donor insists that the donee will receive the property later, after the death of the owner. This condition applies to a will.
4. The deed of gift was incorrectly drawn up; the parties managed on their own without a notary.
Find out important things: Deed of gift for an apartment from a notary - what you need to know
5. The recipient treats the property with disdain , as a result of which the object is destroyed. The main role is given to the moral side of the issue. It is important to explain to the court what value the gift is for the former owner, but is not needed by the recipient.
6. Physical violence inflicted by the recipient on the donor or his relatives. Moreover, it was done intentionally. Medical certificates, statements of the victim, and testimony of witnesses will help confirm this.
7. The donor was insane on the day of the transaction due to alcohol or drug use.
turned out to be bankrupt at the time of concluding the agreement - this applies to legal entities.
9. Death of the recipient. If the text of the deed of gift does not contain a statement about the possibility of transferring property to the relatives of the deceased.
Learn important things: How to Challenge or Cancel a Deed of Gift
A lawyer will suggest a solution if the initiator has no experience. The claim is filed in the local court at the location of the real estate - the gift.
Limitation period for challenging a gift agreement
The circle of persons who have the right to challenge the DD includes:
- donor;
- donee;
- spouses of donors;
- third parties;
- creditors.
Let's look at the features for each in detail.
The widest list of grounds for cancellation of a DD is provided to the donor - he can use almost any of the ones presented above.
The spouse has the right to challenge the DD only if the transaction is subject to state registration and his consent has not been obtained for the alienation of common property.
An exception is the presence of a marriage contract, where a separate property regime is established. If the donor transferred an item belonging to him without the consent of the spouse, the latter does not have the right to go to court.
Third parties mean the legal representatives of the incapacitated person, the person with limited legal capacity, or the child who made the donation. They can be parents, guardians, and adoptive parents in the contestation process. Guardianship authorities and the prosecutor's office also have the right to represent the interests of such citizens.
The bank may appoint a representative who, on its behalf, will challenge the deed of gift if the citizen’s property was donated under it six months before the start of the bankruptcy procedure, in order to avoid seizure in order to pay off the debt.
In such situations, valuable things legally belong to another person, but in fact the donor continues to use them.
Briefly: the grounds for challenge are the commission of a crime by the donee against the health of the donor or his relatives, careless handling of the gift, violation of the rules on the prohibition or restriction of gifts, failure to comply with the requirements for the form of the transaction, as well as the gift of property by a person to whom it does not belong.
The procedure for challenging a deed of gift in court consists of several stages.
First, the plaintiff needs to prepare a package of documents and file a statement of claim, and then proceed as follows:
- File a claim and wait for a determination to initiate proceedings.
- Come to the meeting on the appointed day and provide additional evidence if required by the court.
- Participate in litigation.
- Receive a decision and wait for it to take effect.
Let's look at the whole procedure step by step.
Where to calculate the deadline
According to the provisions of Article 200 (Part 1) of the Civil Code of the Russian Federation, the limitation period starts from the day when the interested person learned/should have found out the fact of a violation of rights. And the name of the defendant in the future lawsuit.
The point of reference thus depends on the identity of the plaintiff:
A. One of the participants decided to challenge the transaction from the moment the contract was actually concluded. Day to Stop Threats or Use of Violence.
B. Another person disputes. The countdown will begin at the time when the citizen found out about his violated rights.
It is necessary to set the deadline with a specific calendar date and period (year, week, month, day, even hour). It begins on the day following the day after the appointed date.
Another option is the occurrence of a certain event.
For example, it is calculated:
· years – expires on a specific date + month;
· months – ends on a pre-specified date from the last month;
· weeks – the corresponding day from the last week.
If the date falls on a weekend or some holiday, then it will be moved to the next working day.
Procedure for calculating the limitation period
As Part 1 of Art. 200 of the Civil Code of the Russian Federation, the limitation period begins from the day when the person learned or should have learned about the violation of his right and who is the proper defendant in the claim for the protection of this right.
The starting point depends on the plaintiff:
- if the transaction is disputed by one of the parties, then the duration of the period from the moment the contract was concluded or when the violence or threat of violence ceased;
- if the contract is contested by another interested person, then the period begins when the person learned or should have learned about the violated right.
The period under the Civil Code of the Russian Federation can be determined by a calendar date, the expiration of a period (year, month, week, days, hours). The period begins on the day following the day after the appointed date or the occurrence of any event.
If the period that is being calculated:
- years, it expires on a certain date and month;
- months, then ends on the specified date of the last month (if the month does not have such a date, then ends on the last one);
- weeks, then ends on the corresponding day of the last week.
How is it calculated?
To challenge a transaction, the legislator determines a 3-year period from the date of actual signing of the contract by the parties. Or the day when the interested party learned about the infringement of rights that had occurred.
The plaintiff can, if there are good reasons, extend the time, the main thing is to provide the court with comprehensive evidence.
There is a total period for which citizens retain the opportunity to challenge a transaction - 10 years . It is considered from the moment the deed of gift is actually drawn up. If this time expires, there will be practically no chance to cancel the deal.
Position of the legislator, definition of the term and deadline for claims in 2021
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 2021 only in court, which distinguishes it from a void agreement that 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:
- 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.
- On the giving side. As a rule, we are talking about canceling the agreement or refusing to make a donation for any reason.
- Mortgage holders as well as creditors. Some unscrupulous citizens try to donate property that was subject to collection for credit debts and loans.
- The heirs of the donor (by law and will).
According to the legislation in force in Russia in 2021, 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.
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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!
Restoring the deadline
This is an opportunity to protect infringed rights after the expiration of a specified time. But to bring this idea to life, the plaintiff must have a compelling reason for his delay. And document it.
The court takes into account the following reasons:
1. Serious illness - there is no such term in medicine or civil law. This means that a person spends a long time in a hospital or other medical institution for treatment. The disease itself, its symptoms and course are unimportant.
2. Helpless state - caused by the use of alcohol, drugs, heavy medications or emotional distress.
3. Illiteracy - the plaintiff did not know the language and was deprived of the ability to read or write. Usually this reason applies to foreigners.
4. Long-term care - a citizen looked after a sick relative.
5. Served in the army - they are rarely released from there and the period of service is significantly more than 3 months.
6. Serving the assigned sentence in prison.
7. Long business trips - related to the permanent work of a citizen.
It is acceptable to use another reason, the main thing is that it must objectively prove the impossibility of attending court at the appointed time.
It didn’t matter if the citizen was far away, his physical condition didn’t allow it, or he didn’t know.
How to restore the deadline for challenging a gift in 2021
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 2021, 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:
- military service;
- caring for a seriously ill relative or disabled person;
- illiteracy (in fact, lack of understanding of the Russian language and legislation) - as a rule, applies to foreign citizens;
- 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);
- 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);
- long business trips of the plaintiff;
- serving a sentence in a pre-trial detention center.
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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.
For a void contract
The invalidity of such agreements is determined by the provisions of the current law. It turns out that they will be invalid on the day of the actual conclusion. Moreover, without a court decision . Interested parties whose rights were violated due to the deed of gift can initiate proceedings themselves. The court will officially confirm the nullity of the transaction.
It is important to file a claim in a timely manner; the citizen will have 3 years:
· transaction participant – from the day of actual execution of the agreement;
· interested person - from the day when he learned about the deed of gift or theoretically should have known.
You can find out how much time you have to file a claim from a lawyer by showing him a copy of the deed of gift.
Limitation period for void transactions
The invalidity of void transactions is determined by the rules of law . They are invalid from the time of their conclusion, and no court decision is required for this. The court, at the request of interested parties whose rights have been violated, can only confirm the nullity and apply the consequences of its invalidity (clause 2 of Article 166 of the Civil Code of the Russian Federation).
Although the highest judicial authorities indicate that the Civil Code allows the consideration of claims with a demand to declare a void contract invalid. To do this, the execution of a void transaction must begin, and the claim must be filed in accordance with paragraph 1 of Art. 181 of the Civil Code of the Russian Federation, for three years :
- one of the parties - from the day when the execution of the transaction began;
- by any interested person - from the moment when he learned or should have learned about the beginning of its execution; for such cases there is a limitation - no later than ten years from the date of commencement of execution of the void transaction.
Example
An individual entrepreneur entered into a gift transaction, which is void by law, even before filing an application for declaring him bankrupt. Since he is a debtor, the donated property should have been included in the bankruptcy estate. When the bankruptcy process began, his creditor, whose rights were violated by such a transaction, became aware of this. Therefore, the creditor has the right to bring a claim to the court to declare the gift transaction invalid due to its insignificance and apply the consequences of its invalidity within three years from the moment he learned of the violation of his right.
For a voidable contract
Such transactions are recognized as invalid only by the court, because their execution will entail a number of legal consequences. If they were initially concluded with violations, then a participant or citizen whose candidacy is confirmed by law will be able to initiate legal proceedings. The plaintiff will have 1 year (Article 181 of the Civil Code of the Russian Federation).
The time is counted:
- from the day the plaintiff found out about the deed of gift;
- from the day the threats or physical violence against the plaintiff, under which the transaction was originally concluded, ceased.
If the latter occurs, it is important for the victim to document the extent of the threats and violence used. Provide certificates of the recorded beatings, as well as other evidence.
Find out important things: Deed of gift between spouses - how to draw it up correctly
Length of limitation period for deed of gift
Based on the information established in Part 2 of Article 181 of the Civil Code of the Russian Federation, the statute of limitations for invalidating a gift transaction is:
- one year – for all voidable transactions that are recognized as such in court;
- three years – for insignificant transactions.
The very existence of these deadlines is motivated by the fact that a person may need exactly that much time to protect his rights that were violated as a result of the transaction. In addition, during this time, key evidence confirming the violation of the plaintiff’s rights will most likely not be lost.
Also, it is worth noting that the statute of limitations may in some cases be suspended:
- if the effect of the real Civil Code of the Russian Federation was suspended for some reason;
- if one of the parties, at the time it received information about a violation of its rights, serves in the Armed Forces of the Russian Federation, and martial law has been introduced in the country;
- in case of emergency;
- Such suspension of the period for challenging a donation was established at the legislative level.
At the same time, the limitation period can be suspended only if the above situations occurred no more than 6 months after the conclusion of the transaction. Also, if the reason why the period was “frozen” is terminated, then the period of contestation will continue.
