- May 8, 2019
- Terms
- Yulia Abdulbarova
Agreement is a very broad concept. After all, this document formalizes completely different relationships between people - sale and purchase, donation, rent, provision of loans, hiring an employee, etc. To structure all this, appropriate classifications are introduced. One of the most common divisions of contracts in civil law is into gratuitous and compensated. What exactly belongs to the first group, how these documents are drawn up, we will analyze in the article.
What does free mean?
Thus, all legal relations where one party provides another with property or a service without any benefit for themselves can be called gratuitous. There are also a number of relationships that can only exist on this basis.
A gratuitous agreement is a document formalizing such relations between citizens and organizations. It necessarily stipulates that one party will not benefit from the fulfillment of its obligations. As in compensation agreements, the terms of the transaction, obligations and rights of the parties are also specified here.
As for objects, they are various property, works or services. The subjects of such an agreement are the parties to the transaction free of charge.
They want to make blood donation free of charge in Belarus
As of January 1, 2021, there were about 96 thousand blood donors in Belarus, of which about 65 thousand were honorary. Every fourth donation in the country in 2021 was free of charge, the number of such donations over the last five years has increased 16 times. Moreover, about 20% of all donors last year were people under 30 years of age.
— The purpose of the bill is to emphasize the importance of gratuitous donation. We provide for blood donation only on a free basis, but as part of this, the donor receives a certain package of social guarantees from the state. This is an exemption from work on the day of donation, free food before and after donation, and a new social guarantee - this is the replenishment of energy costs during the interdonation period. The issue will be resolved, but it will most likely be a certain set of products or, as in Russia, a choice: food or monetary compensation, which can only be spent on food in the relevant institutions. Our goal is for the donor to be a healthy person, blood donation should be comfortable and safe, it is, and in two months, for example, we are expecting the donor again with normal indicators,” Fedor Karpenko , director of the Republican Scientific and Practical Center, transfusiology and medical biotechnology, chief freelance transfusiologist of the Ministry of Health.
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Acceptable Cases
We have defined that a gratuitous agreement is a document concluded when one party does not undertake to pay a fee or provide property, goods or services in exchange to the other party for the fulfillment of obligations under this agreement.
In addition to Art. 423 of the Civil Code of the Russian Federation, Art. 572, 689, 972 of the same Civil Code. Here we see that the contract is gratuitous:
- Donations.
- Loans.
- Loan (may be reimbursable).
- Storage (can also be paid).
The conditions for determining the forms of such contracts are directly presented in the Civil Code.
Transfer (receipt) of goods free of charge
Material assets transferred free of charge are written off from the transferring party at actual cost. The cost of material assets transferred free of charge is included in financial results. Write-off of material assets transferred under a gift agreement or free of charge is carried out on the basis of primary documents for the release of material assets (waybills, invoices for the release of materials to third parties, orders for release, etc.) (clause 132 of the Guidelines for material accounting -industrial reserves approved by order of the Ministry of Finance of Russia dated
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Unacceptable cases
A gratuitous contract is a rather controversial concept in civil law. Very often, only a gift agreement is considered such. Since the law does not introduce clear conditions for gratuitous legal relations. Not all categories of persons are entitled to receive benefits through donation.
Thus, the conclusion of such agreements is prohibited between commercial associations. The law explains this by saying that a commercial structure exists for the purpose of making a profit.
Free contracts cannot be concluded between two organizations. Reason: excludes the fact that they made a profit.
There is no prohibition on the execution of such agreements in two cases:
- An individual is an individual.
- An individual is a legal entity.
Let us now take a closer look at the forms of contracts.
Donation
The gift agreement is free of charge. It involves the transfer of property from one party to another as a gift. Or releases you from property obligations.
The object of such an agreement is the item being donated. In most cases, this is a small gift, an item whose value does not exceed 5 minimum wages. There are two parties here: the donor (he can be called a benefactor or donor) and the recipient.
Such an agreement is gratuitous in nature. Since the donor does not receive anything in return from his decision. If in return the recipient provides him with at least some material benefit, then the contract will no longer be considered gratuitous. This applies to cases where the parties intend to “disguise” any mutually beneficial transaction under a gift agreement - from purchase and sale to exchange.
The subject of the donation is always clearly indicated in such agreements. But in most cases it is not in written, but in oral form. This is an ordinary transfer, the presentation of a gift.
The concept of paid guardianship
- Having a negative experience of living in a dysfunctional family, children are often not socially adapted enough and have problems in development and learning. The employment contract signed when adopting such children often prohibits the adoptive parent from engaging in other activities, forcing him to focus entirely on raising the child. In this case, the adult receives a full range of social rights, a decent salary and paid leave, and the years of such work will be included in the total length of service, taken into account when calculating the pension.
- The contract will contain a child development program drawn up individually for each person under guardianship. The social educator will be required to undergo special training, which will determine his basic qualities, stress resistance and professional suitability.
- Compliance with the terms of the agreement will be monitored by an organization that protects the rights of orphans.
Protecting the interests and rights of children is one of the priorities of any state. A new family must be found for a young child left without parental care, but this is not achieved in every case. In this regard, the state provides various programs for family education of orphans, one of which is paid guardianship.
16 Mar 2021 uristlaw 188
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Registration of a donation document
However, there are several cases when the execution of a gift agreement is mandatory:
- Donation of real estate.
- The donor is a legal entity.
- The cost of the gift exceeds 5 minimum wages.
- The donation will not be made in the present, but in the future.
The agreement contains the usual standard provisions - information about the subject, details of the parties, conditions of the gift, rights and obligations of the parties, liability, special conditions, date and place of the transaction, signatures of the participants with a transcript. In addition, the legislation allows the conditions under which the donation can be canceled to be reflected in the document:
- The donee committed an illegal act against the benefactor or members of his family.
- The recipient does not properly handle the gift, which is valuable to the donor.
- An individual entrepreneur or legal entity experienced bankruptcy after an act of donation within 6 months from the date of the transaction.
- The donation was misused.
- The donor outlived the recipient.
Free financial assistance from the founder
In addition, it is important to remember that this rule regarding things (this restriction does not apply to money) also applies when the property transferred by the founder is not transferred to other persons within 1 year. Such a “privilege” of the founder, by virtue of the provisions of subparagraph 1 of paragraph 1.1 of Article 346.15 of the Tax Code of the Russian Federation, also applies to organizations with a simplified tax system that do not pay income tax in the general manner.
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Free use
Let's move on to a new category. A contract of gratuitous use is a document under which a thing is transferred into temporary possession without paying for its rental. Another acceptable name for this agreement is a loan agreement.
If the property is of insignificant value and is not of particular value, then such an agreement is concluded orally. But if the subject is vehicles, real estate or expensive items, it would be reasonable to formalize the transaction in writing.
The agreement for gratuitous use is a lease agreement that has legal force. For example, in the case of resolving contradictions between the parties in court. The document can be notarized upon request.
Document preparation
An agreement for the gratuitous use of property is either fixed-term (concluded for a certain period) or indefinite. Its object is any item that cannot be consumed. Hence they cannot have consumables, food, etc. As for the item given for temporary use, it must be in proper condition, have the necessary components, and the required documentation.
The loan agreement is free of charge. It is concluded by two parties - the borrower and the lender.
When concluding an agreement, it is necessary to include in it not only standard provisions, but also solutions to controversial issues. For example, if an item has defects or was not transferred at all by the lender, the following rights must be introduced for the recipient:
- Demand that defects in a thing be eliminated free of charge.
- The requirement to allocate a budget to independently eliminate the shortcomings of the item.
- Early termination of the agreement.
- Demand for damages.
The lender has every right to demand that the recipient maintain the subject of the transaction in proper condition - follow the rules of its operation, carry out routine and major repairs, etc. If the owner discovers the fact of improper use of the thing, he has the right to suspend the contract unilaterally.
Control
Which contract is gratuitous? Another example is trust management. It involves the transfer of property from one party to another for an indefinite period. There are two participants here - the trustee and the principal.
According to the agreement, the trustee is obliged to dispose of the property transferred to him for management, taking into account the interests of the principal and taking into account the provisions of the concluded agreement.
Such gratuitous agreements are drawn up in writing, in free form. An exception will be agreements on trust management of valuable property. They are securities, real estate, enterprises, etc.
Why is this agreement considered gratuitous? It does not confer ownership rights on the manager.
Storage
Another case of gratuitous relations is a storage agreement. According to such a document, one party takes the property of the other for storage with the condition of returning the thing in its original form. There are two parties here - the deposit holder and the custodian.
The object of this gratuitous agreement is securities and material objects. Such an agreement can be not only compensated, but also gratuitous.
Performance of work and provision of services
There is no clear opinion regarding gratuitous contracts in this area. After all, providing a service or performing work inherently implies that the performer receives a reward. Moreover, those performing the duties have every right to receive remuneration from the interested party.
So in what cases is a gratuitous contract applicable? This is performing work or providing a service only on a voluntary basis. And only out of a desire to help the interested party. The intention to receive any financial gratitude, material reward in this case is completely absent.
The object of the contract is the work performed or service provided. The parties are the contractor and the customer. It is important to note that the latter should not exert coercive influence on the performer helping him. Otherwise, legally such relations will no longer be considered gratuitous.
And one moment. Concluding an agreement to perform work free of charge imposes certain obligations on the contractor. He cannot avoid fulfilling them, although he does not receive any material benefit from this.
Such an agreement is concluded both verbally and in writing. It gives the customer the right to demand from the contractor proper fulfillment of obligations. The contract does not exclude the fact that the customer can thank the assistant for the work done, provide a similar service in the future, or give something as a gift. But such remuneration does not inherently act as motivation for the performer.
A gratuitous contract is an agreement between two parties that exempts one of them from paying for the property provided or the service provided. There are also items in respect of which both paid and gratuitous contracts are concluded depending on the situation.
The right to free education in universities
Based on the above, we can conclude that it is possible to get an education for free in modern conditions. However, this requires a lot of effort. You also need to have high academic performance, be able to navigate the modern labor market, and wisely choose a suitable specialty and a suitable university.
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For example, every fifth or sixth large university has teaching specialties that require training with the qualification “Russian language teacher.” And there is another department, after graduating from which you can get a diploma not as a teacher, but as a philologist or journalist. Of course, the last two professions are considered more prestigious, and therefore there is more competition for the budget for them.
