How to Make a Donation?

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Donation is one of the most common transactions, allowing for the gratuitous transfer of property or rights to another person. This guide covers:

The definition of the donation,
The rights and obligations of the owner,
Cases where a donation may be canceled or prohibited.

This guide is designed to help you understand the steps of the process, from notarization to the state registration of ownership rights.

Definition of donation

A donation is a legal agreement where one person (the donor) gives property or a property right to someone else (the recipient) for free. This can also include forgiving a debt.

To be a donation, it must be a gift with no strings attached. If the donor receives anything in return (like money or a service) the law no longer sees it as a donation. Instead, it is treated as an exchange or a different type of deal.

Yes, but a verbal promise alone is not enough. For a promise of a donation to be legally binding, it must:

Be in written form,
Clearly state exactly what is being given,
Be addressed to a specific person.

For example, if a donor writes, "I will give away everything I own," this promise is legally void. To be valid, the document must clearly specify what is being given and who is receiving it.

All donation agreements must be made in writing. For real estate (such as an apartment, land, or a house), the contract must be certified by a notary and the ownership rights must be officially registered with the Cadastre Committee.

Applying in person for notarized registration of ownership

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Applying Online to Register Ownership with the Cadastre Committee

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If a property is owned by multiple people, you cannot donate it without the consent of all owners. Everyone involved must agree to the donation for it to be valid.

Yes, you can carry out a donation through an authorized person. However, the power of attorney must clearly state:

who the recipient is,
what specific item or property is being donated.

If either of these details is missing, the power of attorney is considered legally void.

Applying in person for a certificate of no debt

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Changing the Donation

Yes, in two specific cases:

If the donor's financial situation, family life, or health significantly worsens after signing the agreement, and completing the gift would cause their standard of living to drop sharply.
For example, if the recipient mistreats the property they were given.

In these cases, the recipient does not have the right to ask for compensation.

Yes, the recipient can refuse a donation at any time before they actually receive the gift. If the donation agreement was already certified by a notary or officially registered with the government, the recipient must follow those same formal steps to legally refuse the gift.

A donor can ask the court to cancel a donation if the recipient:

Attempts to harm the donor or their family members,
Intentionally causes bodily injury or death (in this case, the legal heirs can demand the return of the property),
Mistreats the donated property.

If the court approves the cancellation, the recipient must return the property if it still exists.

If the donor knew the gift had a defect but did not warn the recipient, and that defect caused damage to the recipient's health or property, the donor is responsible for covering those damages.

This rule does not apply if the defects were obvious or if they appeared after the gift was handed over.

Prohibitions and Restrictions

The law prohibits making a donation:

On behalf of minors or citizens declared legally incompetent by their parents or guardians,
To state or local government employees if the gift is related to their official position,
Between two commercial organizations.

No. If a contract states that property will transfer to the recipient only after the donor's death, it is legally void. If you wish to transfer property after death, it is not considered a donation; instead, it must be handled through a will.

If the recipient dies before receiving the donation, their heirs do not have the right to receive the gift, unless the contract specifically states otherwise.

An endowment is made for a public benefit or charitable purpose. It can be made to:

Individuals, such as citizens or doctors, and social, scientific, religious, or charitable institutions.
Foundations, museums, the state, and local communities.

This section was prepared in accordance with the Civil Code of the Republic of Armenia.

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