The civil law indicate the obligation to conclude a donation agreement in the form of a notarial deed. However, in the event of the performance of the promised performance, the donation agreement concluded without a special form is valid. Maintaining the form of a notarial deed in the case of a donation agreement is important in terms of the effects of the donor's failure to perform the promised service. If a special form is maintained when concluding a donation agreement, the recipient gains the right to seek the performance of such agreement in court.
For which donation agreements is the form of a notarial deed required?
Not every donation agreement requires specific form to be valid. However, there are cases when the law makes the donation contract dependent on the form it was transffered. Such exceptions include, for example: real estate or enterprise donation agreement. It means that these contracts must be drawn up in the form of notarial deeds for their validity.