The scientific article is devoted to the analysis of problematic issues related to the donation agreement for the future. Despite the fact that the topic of the gift agreement is quite common and sufficiently disclosed in scientific articles, textbooks, manuals and monographs, problematic aspects of the gift agreement with the obligation to transfer the gift in the future is still not given due attention. Due to the lack of interest in this type of contract, there is a small amount of research that is not able to fully disclose its content.
It is established that the basis for the existence of the donation agreement for the future was the enshrinement in the Civil Code of Ukraine of the possibility of consensus of the donation agreement itself. The paper indicates possible options for the transfer of the thing in the future, as well as the essential conditions, the violation of which entails the invalidity of this type of contract.
In addition, much attention is paid to the features of the gift agreement with the obligation to transfer the gift in the future, which are not enshrined in law, but they can be easily identified by analyzing scientific papers and articles of the Civil Code of Ukraine on donations.
This article considers such a feature of the contract of gift for the future as its gratuitousness, which is characterized by its imperative. Occasionally, the connection of gratuitousness with the reasons and motives of the gift is determined, because the donor, concluding this type of contract may express some gratitude to the person, seek to provide him with financial assistance, or encourage the person to take beneficial actions. That is why much attention is paid to the study of practical cases related to reciprocal satisfaction, which goes beyond the contract of gift for the future. In addition, the motives for such actions and the real threats that may be faced by the gifted.
The next, related to the problematic aspects of the contract of donation for the future, is the considered feature of the property of the alienated property. It also analyzes the possibility of donating a thing that the donor does not yet own. The scientific work argues the refusal to perform the contract on condition of loss of the thing, its withdrawal from circulation, as well as the refusal of the gifted person to accept the gift.
At the same time, the rights of the donor and the gifted are considered, in case of death of one of them after the relevant term, term, adjournment, but until the actual transfer or acceptance of the gift, outlines the difference between the gift agreement and the will.
The results of the article emphasize the need for further elaboration and more thorough study of the problematic issues of the donation agreement for the future, as well as the improvement of civil legislation in this area.
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