Transfer for use of part of the common property of an apartment building

_____________________________________, hereinafter referred to as

(Name of the legal entity)

“Transferring Party”, represented by ___________________, acting(s)

on the basis of__________________________________________ on the one hand, and

(document confirming authority)

_________________________________________, hereinafter referred to as

(Name of the legal entity)

“Receiving party”, represented by __________________ acting(s)

on the basis of____________________ on the other side (hereinafter referred to as the parties),

(document confirming authority)

have entered into this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The transferring party transfers the property of the Receiving Party free of charge, and the Receiving Party accepts into its property___________________________________________

(name of real estate, inventory number, area in

__________ (hereinafter referred to as the Object), located at the address: ____________.

m sq. etc.) (address)

1.2. The Transferring Party transfers to the Receiving Party the Object free from any rights of third parties.

1.3. At the time of concluding this agreement, the specified Object belongs to the Transferring Party by right ________________________________________________________________

(economic management, operational management)

and is owned by ________________________________________,

which is confirmed by _____________________________________________

(indicate the type, date of issue, number and other information about

1.4. The gratuitous transfer of the Object is carried out in accordance with _______________________________________________________________ (the basis for the gratuitous transfer of the object)

for the implementation of a business plan for an investment project ________________________________________________________________,

(name of investment project)

with the following conditions of free transfer: _____________________________________.

(conditions for free transfer)

1.5. Registration of rights to a land plot for servicing the Facility is carried out in accordance with the legislation of the Republic of Belarus.

1.6. The estimated cost of the Property is _____________ rubles,

(amount in numbers and words)

which is confirmed by _____________________________________________.

(name and details of the document, name of the organization,

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The transferring party is obliged:

2.1.1. draw up and submit for signing by the Receiving Party an act of acceptance and transfer of the Object;

3.1.2. Provide the Receiving Party with the documents it has related to the Object.

2.2. The receiving party undertakes:

2.2.1. Accept the Object in accordance with the acceptance certificate. The risk of accidental death and accidental damage to the Object passes to the Receiving Party from the moment the parties sign the acceptance certificate;

2.2.2. Ensure state registration of this agreement and the rights based on it in accordance with the legislation of the Republic of Belarus no later than 30 working days from the date of acceptance of the facility into operation.

2.2.3. Until the terms of the gratuitous transfer are met, the Receiving Party does not have the right to carry out transactions with the Object that entail the transfer of rights (providing for the possibility of transfer of rights) to other persons.

2.2.4. Use this Object in accordance with this agreement.

3. TRANSFER OF RIGHTS TO THE OBJECT

3.1. The Receiving Party's ownership of the Object acquired under this agreement arises from the moment of state registration of the transfer of ownership of this

Object in ________________________________________________________________

(name of territorial organization for state registration

3.2. Until the state registration of the transfer of ownership of the Object, the Receiving Party has the right to own and use the Object.

4. TRANSFER OF THE OBJECT

4.1. The transfer by the Transferring Party of the Object specified in subclause 1.1 of clause 1 of this agreement and its acceptance by the Receiving Party are carried out on the basis of an acceptance certificate signed by the parties to the agreement.

5. LIABILITY UNDER THE CONTRACT

5.1. In case of failure to comply with the conditions for the gratuitous transfer of the Object specified in subclause 1.4 of clause 1 and subclause 2.2.3 of clause 2 of this agreement, the Receiving Party is liable in the form of payment to the ____________________ budget of an amount equal to the estimated

(regional or district)

the cost of the transferred Object as of March 1, 2013, increased taking into account the producer price index for industrial products for production and technical purposes.

5.2. If, within three months from the date of bringing to administrative responsibility provided for by law for non-use of property in accordance with this agreement, the Receiving Party does not use the transferred Object, previously owned by ________________________________________________________________, in accordance with this agreement,

(name of administrative-territorial unit)

this property is subject to return to ownership ________________________________________________________________

(name of administrative-territorial unit)

at the request of the transferring party without compensation for the cost of the inseparable improvements made.

6. TERM OF THE AGREEMENT

6.1. The validity period of the contract is set from “___”___________20__.

until the full implementation of the business plan of the investment project _________ ________________________________________________________________ (name of the business plan of the investment project)

and full fulfillment by the parties of their obligations under this agreement.

7. FINAL PROVISIONS

7.1. This agreement comes into force from the date of its state registration, with the exception of subclause 2.2.2 of clause 2 and this paragraph, which come into force from the date of signing of this agreement. The costs of state registration of this agreement and the transfer of ownership rights to the Object under this agreement are borne by the Receiving Party. The right to submit an application for state registration of the agreement and the rights based on it is granted to the Receiving Party.

7.2. This agreement may be amended or terminated by agreement of the parties. In this case, the Object is returned to the Transferring Party, including taking into account the inseparable improvements made by the Receiving Party, without reimbursement of their cost.

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7.3. Changes and additions to this agreement are valid only if they are made in writing, signed by authorized representatives of both parties and registered in the prescribed manner.

7.4. Relations between the parties not regulated by this agreement are governed by the legislation of the Republic of Belarus.

7.5. Disputes arising during the execution of this agreement are resolved in accordance with the legislation of the Republic of Belarus.

7.6. This agreement is drawn up in 2 copies having equal legal force, one copy for each of the parties.

8. LEGAL ADDRESSES AND DETAILS OF THE PARTIES

Name:_________________ Legal address: ____________

Mailing address: _______________

Tel. (Fax) __________

(position, authorized person, full name, signature)

Name:_________________ Legal address: ____________

Mailing address: _______________

Tel. (Fax) __________

(position, authorized person, full name, signature)

Agreement on transfer of property

The paid or gratuitous transfer of property is formalized by an appropriate agreement. Mandatory details of this document:

• Information about the parties to the agreement.
• Description of the property.
• Signatures of the parties.
• Duration of the agreement.
• The agreement should indicate the reasons why the property is transferred.

Instead of an agreement on the transfer of property, a form of agreement on the transfer of lease may be used. It is customary to draw up such an agreement when dividing and transferring property by former spouses. The agreement includes a package of documents recording the transfer of property, including real estate. The text must describe the property and indicate the duration of the agreement. If necessary, other documents may be attached.

The person providing the property must confirm that it is in good condition and meets technical specifications. If the property is damaged, the transferring party is obliged to indicate the nature of the damage. The owner of the property is responsible for maintaining it in a usable condition and is also responsible for paying for maintenance.

The person accepting the property cannot sublease it. If property is damaged due to the fault of this person, repairs are paid for at his expense. Having noticed any defects during operation that make the property unsuitable for use, the borrower must notify the other party as soon as possible.

If real estate is transferred, the agreement must undergo state registration - only after this the new owner has ownership rights.

Agreement on the transfer of property for free use

The transfer of property for free use is different from the transfer of property as a gift. Drawing up an agreement for the gratuitous use of property gives the recipient the opportunity to use the property for some time under certain conditions, but not to dispose of it as his own property.

Such an agreement can be considered a loan agreement, which is regulated by Chapter. 36 Civil Code of the Russian Federation.

1. Data of the parties to the agreement.

For individuals, you must indicate your full name. and passport details; legal entities should indicate the full name of the enterprise, personal data of its representatives, positions, information about the power of attorney, which gives the right to sign.

2. The property that is the subject of the contract, its detailed inventory.

The text of the document contains the data of the document on the basis of which the property is transferred, and indicates the persons who can lay claim to it.

3. The purpose for which the property is transferred.

4. Responsibilities of the parties.

The owner is obliged to transfer the property in the condition described in the contract; the recipient must take care to maintain proper technical condition, provide the opportunity to inspect the property within the specified time frame and return it in good condition.

5. The value of the property, confirmed by documents: a certificate of book value, an appraiser’s conclusion, a certificate from the manufacturer.

6. Payment of costs for the maintenance and use of property. Here it is necessary to set out in detail the responsibilities assigned to the temporary owner (for example, in connection with consumables).

7. Responsibility of the parties.

The terms of the transfer, the risk and compensation for losses, the responsibility of the recipient in the event of loss or harm to third parties, the reasons and procedure for early termination of the contract are indicated.

8. Additional terms of transfer.

9. Signatures.

The agreement must be drawn up in writing if the property costs more than ten thousand. The law imposes restrictions on the transfer of property for free use if the parties to the transaction are any organization and its founder.

Donation agreement

When it comes to the gratuitous transfer of property, the relationship is secured by a gift agreement. With this form of transfer of property, the contract and the transfer of ownership are registered separately. Agreements executed on behalf of incapacitated citizens and minors are considered invalid. Agreements drawn up with the condition of transfer of property after the death of the donor are also considered void, since there are signs of inheritance.

The Tax Code exempts from taxation gift income received by relatives (parents, children, siblings, grandparents, adopted children, spouses).

Gift or donation

When it comes to the gratuitous transfer of property, the relationship is secured by a gift agreement. With this form of transfer of property, the contract and the transfer of ownership are registered separately. Agreements executed on behalf of incapacitated citizens and minors are considered invalid. Agreements drawn up with the condition of transfer of property after the death of the donor are also considered void, since there are signs of inheritance.

The Tax Code exempts from taxation gift income received by relatives (parents, children, siblings, grandparents, adopted children, spouses).

Let us now consider an aspect that reflects the differences between the two main procedures involving the gratuitous transfer of property - donation and donation. In order to understand the difference between the two noted legal categories, it would be advisable to refer to the provisions of the Civil Code of the Russian Federation. According to the code, a gift agreement is a somewhat broader concept than a transaction fixing a donation. What does this mean?

According to the gift agreement, one of the parties to the legal relationship gratuitously transfers (or, alternatively, undertakes to transfer) another certain type of property. The key feature of such a deal is gratuitousness. That is, the owner of the property does not receive any counter-representations from the recipient.

At the same time, the gratuitous transfer of property does not at all exclude the scenario in which the donor establishes some restrictions on the use of the property by the new owner. Among these, as some lawyers note, there may be a requirement reflecting the use of property exclusively for generally beneficial, socially oriented purposes. In this case, the gratuitous transfer of property will most likely be recognized as a donation.

Legal relations in which a donation is considered the basis of a transaction are not typical for business. Basically, through such communications, state or municipal property is transferred in favor of relevant non-profit organizations. What is the reason for the fact that such transactions are the prerogative of structures not involved in the business?

Agreement on gratuitous transfer (donation) of material assets

1. Under this agreement, the Donor undertakes to transfer free of charge into the ownership of the Donee the material assets, list, units of measurement, quantity and cost of which are indicated in the specification attached to this agreement and which is an integral part of it.

2. The total cost of material assets to be transferred is rubles.

3. Material assets are transferred to the Donee for use in.

4. The transfer of material assets to the Donee is formalized by a transfer and acceptance certificate, which is signed by representatives of the Parties.

5. Rights to material assets subject to transfer under this agreement pass to the Donee after signing the transfer and acceptance certificate.

6. The donee accepts the donation and undertakes to use it in accordance with the purposes and conditions specified in clause 3 of this Agreement.

7. If it is impossible to fulfill the obligation to use donated material assets in accordance with the instructions of the Donor due to changed circumstances, the donated material assets may be used for another purpose with the written consent of the Donor. In case - by court decision.

8. The use of donated material assets not in accordance with the purpose specified by the Donor or a change in this purpose in violation of clause 3 of the agreement gives the right to the Donor, his heirs or another legal successor to demand cancellation of the donation.

9. This agreement comes into force from the moment it is signed and is valid until the parties fully fulfill their obligations.

10. Changes and additions to the agreement are made in writing and signed by the Parties.

11. In all other respects that are not provided for in this agreement, the Parties are guided by the legislation of the Russian Federation.

12. This agreement is concluded between the Parties in two copies having equal legal force, one for each Party.

13. Addresses, details and signatures of the Parties.

Donor Donee

M.P.M.P.

Barter agreement

Barter consists of acquiring ownership of property without paying for it in banknotes or with minimal use of them. The money can be used to make up the difference in property value. Rules similar to purchase and sale agreements apply to barter agreements. An agreement on the exchange of property must be drawn up in writing, and its notarization is not necessary and occurs at the request of the parties.

Exchange agreements are often used when exchanging housing of equal or similar value, with the difference being repaid by agreement of the parties. Such agreements are necessarily subject to state registration. The main condition of exchange agreements: both parties must have ownership of the property being exchanged.

The text of the agreement should comprehensively describe the items being exchanged, indicating their names, quantity, price, etc. Without specifying the price, the exchanged property will be considered equal in value.

Transfer of property free of charge: gift agreement

Until the transfer of the gift is actually carried out, the donee has the opportunity to refuse it at any time and the gift agreement is automatically terminated. However, if it was concluded in writing, then the refusal must be made in the same way. In the case of state registration of a gift agreement, refusal to accept the gift is also subject to it. In this case, the donor has the right to demand from the donee that he compensate for all actual damage caused by the refusal of the gift.

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Agreements on the transfer of property into ownership. Concept. Kinds.

Agreements for the transfer of property into ownership are agreements aimed at alienating property to a third party.

Kinds:

• Purchase and sale (including such subtypes as retail purchase and sale, supply of goods, supply of goods for state and municipal needs, contracting, energy supply agreement, sale of real estate or enterprise)
• Mena _

Under an exchange agreement, each party undertakes to transfer one product into the ownership of the other party in exchange for another.

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The rules on purchase and sale are applied to the exchange agreement accordingly, unless this contradicts the rules of this chapter and the essence of the exchange. In this case, each party is recognized as the seller of the goods, which it undertakes to transfer, and the buyer of the goods, which it undertakes to accept in exchange.

Under a gift agreement, one party (the donor) gratuitously transfers or undertakes to transfer to the other party (the donee) an item of ownership or a property right (claim) to himself or to a third party, or releases or undertakes to release it from a property obligation to himself or to a third party.

Under a rent agreement, one party (rent recipient) transfers ownership of property to the other party (rent payer), and the rent payer undertakes, in exchange for the received property, to periodically pay rent to the recipient in the form of a certain amount of money or the provision of funds for its maintenance in another form.

Under an annuity agreement, it is possible to establish the obligation to pay annuity indefinitely (permanent annuity) or for the life of the annuity recipient (lifetime annuity). Lifetime annuity can be established on the terms of lifelong maintenance of a citizen with a dependent.

General characteristics of the purchase and sale agreement.

Under a purchase and sale agreement, one party (seller) undertakes to transfer the property (goods) to the other party (buyer), and the buyer undertakes to accept this product and pay a certain amount of money (price) for it.

• Consensual (that is, it is considered concluded from the moment an agreement is reached between the parties, and not the transfer of the thing itself)
• Synallagmatic
• Paid

Goods under a sales contract are any things: both movable and immovable, individually defined or determined by generic characteristics. The terms of a purchase and sale agreement regarding a product are considered agreed upon if the agreement allows the name and quantity of the product to be determined.

. An agreement can be concluded for the purchase and sale of future goods, i.e. those that will yet be created or acquired by the seller.

As a general rule, the ownership right of the acquirer of a thing under a contract arises from the moment of its transfer (and not from the moment of conclusion of the contract), unless otherwise provided by law or contract. If you need a government registration of rights – from the moment of such registration.

Risk of accidental loss of goods

Unless otherwise provided by the purchase and sale agreement, the risk of accidental loss or accidental damage to the goods passes to the buyer from the moment when, in accordance with the law or the contract, the seller is considered to have fulfilled his obligation to transfer the goods to the buyer.

The risk of accidental loss or accidental damage to goods sold while in transit passes to the buyer from the moment the purchase and sale agreement is concluded, unless otherwise provided by such agreement or business customs.

IMPORTANT: The seller’s obligation to transfer the goods to the buyer is considered fulfilled at the moment:

• delivery of the goods to the buyer or the person indicated by him, if the contract provides for the seller’s obligation to deliver the goods;
• placing the goods at the disposal of the buyer, if the goods must be transferred to the buyer or a person indicated by him at the location of the goods. The goods are considered to be placed at the disposal of the buyer when, by the time specified in the contract, the goods are ready for transfer in the appropriate place and the buyer, in accordance with the terms of the contract, is aware of the readiness of the goods for transfer. Goods are not considered ready for transfer if they are not identified for the purposes of the contract by marking or otherwise.

Terms of the purchase and sale agreement:

1. The quantity of goods to be transferred to the buyer is stipulated in the purchase and sale agreement in the appropriate units of measurement or in monetary terms. The condition on the quantity of goods can be agreed upon by establishing in the contract the procedure for its determination.

If the purchase and sale agreement does not allow determining the quantity of goods to be transferred, the agreement is not considered concluded.

1. If, under a purchase and sale agreement, goods are subject to transfer in a certain ratio by type, model, size, color or other characteristics (assortment), the seller is obliged to transfer to the buyer the goods in the assortment agreed upon by the parties.
2. Product quality

The seller is obliged to transfer to the buyer the goods, the quality of which corresponds to the purchase and sale agreement.

If there are no conditions in the sales contract regarding the quality of the goods, the seller is obliged to transfer to the buyer goods suitable for the purposes for which goods of this kind are usually used.

If the seller, at the conclusion of the contract, was informed by the buyer about the specific purposes of purchasing the goods, the seller is obliged to transfer to the buyer the goods suitable for use in accordance with these purposes.

When selling goods based on a sample and (or) description, the seller is obliged to transfer to the buyer the goods that correspond to the sample and (or) description.

For these purposes there is a warranty period: the goods must, within a reasonable period of time, be suitable for the purposes for which goods of this kind are usually used.

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The law or the procedure established by it may provide for the obligation to determine the period after which the product is considered unsuitable for its intended use (expiration date).

1. Product completeness
2. Container and packaging
3. Price

The buyer is obliged to pay for the goods at the price stipulated by the purchase and sale agreement, or, if it is not provided for by the agreement and cannot be determined based on its terms, at a price determined in accordance with paragraph 3 of Article 424 of this Code, and also to pay at his own expense actions that, in accordance with the law, other legal acts, agreements or customary requirements, are necessary to make a payment.

Contract of sale

In Art. 454 of the Civil Code of the Russian Federation, a purchase and sale agreement is defined as an obligation under which the seller undertakes to transfer the property (goods) to the buyer, and the buyer undertakes to accept this product and pay a certain amount of money for it.

From this definition it is clear that in the legal relationship of purchase and sale, the focus on the transfer of property into ownership is specified by the signs of equivalent compensation and monetary provision.

Therefore, the consistent characteristics of the purchase and sale agreement are as follows.

Firstly, the purchase and sale belongs to the group of contracts aimed at transferring property into ownership. Since there are no norms unified for all obligations of this group, the institution of purchase and sale has revealed only approaches and principles of regulation that are uniform for all legal relations of the group under consideration.

Secondly, in the obligation to buy and sell, the focus on transferring property into ownership is inextricably linked with its remuneration.

Thirdly, the institution of purchase and sale does not regulate any relations aimed at the paid transfer of property into ownership, but only those in which the consideration is definitely equivalent (and not aleatory, as in the case of rent).

Fourthly, in a sale and purchase relationship, consideration is monetary. Since the essence of a paid contract in its purest form is manifested in a legal relationship in which the consideration is definitely equivalent and monetary, the institution of purchase and sale was chosen by the legislator as the basis for regulating obligations aimed at the paid transfer of property into ownership.

Sales and purchase relationships are varied. They are ordinary, not complicated by other norm-forming properties. At the same time, purchase and sale may be characterized by additional features that require legislative support. Despite the fact that the regulation of each type of purchase and sale identified by law has specificity due to one or another secondary systemic factor, they all have a single basis of legal regulation, predetermined by the general characteristics of purchase and sale.

Therefore, rules reflecting the specifics of specific types of purchase and sale should also apply to other obligations aimed at the paid transfer of property into ownership, if they contain a corresponding secondary feature.

In paragraph 4 of Art. 454 of the Civil Code of the Russian Federation states that the general provisions on purchase and sale apply to the sale of property rights, unless otherwise follows from the content or nature of these rights. When assessing this legislative innovation, it is necessary to proceed from the following. Firstly, relations for the sale of property rights have a different focus than a purchase and sale agreement aimed at transferring property into ownership.

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Therefore, most of the provisions on purchase and sale, reflecting precisely this focus, are not applicable to the sale of property rights. Secondly, the sale of property rights and the paid transfer of property into ownership have a common feature, expressed in the paid transfer of a certain property benefit to another person.

In turn, the purchase and sale agreement includes such types of contracts as:

• — retail purchase and sale agreement;
• — supply agreement;
• — supply agreement for government needs;
• — contract agreement;
• — energy supply agreement;
• — real estate sales;

Legal regulation of contracts on the transfer of property into ownership

A property transfer agreement is a document certifying the fact of transfer of ownership rights from one person to another. The main type of contract for the transfer of something is a purchase and sale transaction recorded on paper.

Important! This kind of formalization of relationships is necessary in order to avoid claims in the future. Before signing a document, each party is obliged to study it in detail.

Features of a contract for the gratuitous transfer of property (sample)

Using a sample agreement for the gratuitous transfer of property will help participants correctly carry out a transaction, as a result of which the property of one person will become the property of another person. At the same time, both citizens of the country and legal entities have the right to transfer any item or property claim to themselves and third parties. Such transactions can also relieve another person from property obligations to the donor. But a transaction is not considered a donation if a counter-delivery of an object (right) is made or a counter-obligation is imposed on the donee.

Purchase and sale

The first is the most common, its essence is that one person transfers ownership of a thing to another for money, that is, the right of ownership is purchased.

There are also different types of such agreement, namely:

1. Retail sales are the most common agreement and have a key role in meeting the needs of citizens.
2. Contract – this agreement involves the purchase of agricultural products from the manufacturer to the buyer, who will subsequently process or sell it.
3. Delivery - this transaction involves the provision by the supplier-seller within a specified period of time of goods that he produces or purchases to another person for his business activities or for personal use.
4. Hire-sale - the agreement implies that until the buyer receives ownership, he is his tenant.

Giving and barter

Donation is a group of agreements aimed at transferring property into ownership free of charge from the donor to the donee.

1. Such an agreement is subject to mandatory registration, as is the right of ownership of the donee.
2. It is considered invalid if the laws are violated during its execution.
3. Transferring the object of the contract as a gift after the death of the donor is recognition of insignificance, since in this case there is a sign of inheritance.

Barter is a transaction, the essence of which is the transfer of property from one person to another without the participation of funds or with their minimal use. According to this scheme, contracts can be signed for any thing, including apartments, cars, land.

It is drawn up in writing and is not subject to mandatory registration, but this can be done by agreement of the parties. An exception is if the object of the contract is real estate.

Free transfer of property between legal entities

• Agreement for free use (loan). According to this form of transfer, assets are transferred free of charge, but with the condition of their return in the same form, naturally, taking into account the provided depreciation. At the same time, it is not necessary to stipulate the transfer period in the contract; it can be considered valid until the liquidation of the organization or for life. Formally, the recipient does not take ownership of the transferred property, but in fact can use it as his own.

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