Gift agreement template
A gift of money or a movable item, for example to children or grandchildren, under the Slovak Civil Code
This document rests on a fixed pattern prepared by Paragrafo; it is not a law firm template. Its wording is not written by AI, only the details from the form are filled in. For a non-standard situation we recommend a solicitor.
Law in force as at
Darovacia zmluva
- I. Zmluvné strany
- II. Predmet daru
- III. Odovzdanie daru
- IV. Stav a vady daru
- V. Vrátenie daru
- VI. Záverečné ustanovenia
Under a gift agreement the donor gives or promises something from their property to the recipient free of charge, and the recipient accepts the gift or the promise. This template is for a gift of money or a movable item, not for giving away a flat, house or land.
For a movable item, a gift agreement must be in writing when the item is not handed over and taken over at the time of the gift, that is, when the donor only promises it. A written agreement is useful in any case: it records that it was a gift and not a loan that has to be repaid.
A gift agreement under which performance is to take place only after the donor's death is invalid. A gift can be reclaimed only exceptionally, when the recipient behaves towards the donor or their family in a way that grossly violates good morals.
Who needs this document
- Parents and grandparents giving their children or grandchildren money for a flat, a car or studies
- Someone giving an item, such as a car, furniture or a musical instrument, who wants it recorded as a gift
- A donor who promises a gift and hands it over only later
- A company donating equipment to a civic association or a school
What the document must contain
- Precise identification of the donor and the recipient, and for a minor also who acts for them
- For money the amount, for an item a description precise enough that it cannot be confused with another
- When and how the gift is handed over
- Defects of the item known to the donor
- The recipient's statement that they accept the gift, and the signatures of both parties
Legal basis
Občiansky zákonník (Civil Code)
Governs the gift agreement, its form, defects and the return of a gift, the transfer of ownership of a movable item, the representation of minors, and the rule that a gift does not form part of spouses' joint property.
Most common mistakes
A promised gift without a written agreement
If a movable item is not handed over and taken over at the time of the gift, the gift agreement must be in writing. An oral promise of a future gift does not create such a gift.
A gift to be handed over only after the donor's death
A gift agreement under which performance is to take place only after the donor's death is invalid. A gift agreement is not the tool for what someone is to receive only after a death.
Concealed defects
When offering a gift, the donor must point out defects they know of. If the item has defects the donor did not point out, the recipient may return it.
A gift or a loan without a written record
Money handed over without an agreement is hard to classify later: the donor claims a loan, the recipient a gift. A gift agreement answers whether it has to be returned.
A minor recipient without a representative
Minors have capacity only for legal acts appropriate to their age. A minor who lacks capacity to accept the gift is represented by a legal guardian; who that is is governed by the Family Act.
Frequently asked questions
Does a gift agreement have to be in writing?
For a movable item, when the item is not handed over and taken over at the time of the gift. If the gift is handed over straight away, the agreement can also be oral, but a written one is the only record that it was a gift.
When does the recipient become the owner of the gift?
For a movable item, on taking it over, unless the parties agreed otherwise. For money transferred to an account, the agreement provides that the gift is handed over on the day the amount is credited to the recipient's account.
Can the donor ask for the gift back?
Only when the recipient behaves towards the donor or members of their family in a way that grossly violates good morals.
Does a gift form part of spouses' joint property?
No. Items one spouse received as a gift do not form part of the spouses' joint property, even if received during the marriage.
Can I give away a flat or land with this template?
No. A gift agreement for real estate must always be in writing, and ownership is acquired by registration in the land register. This template is only for money and movable items.
Gift agreement for your business
You fill in your company details and the document is ready in under a minute.
Generate the document