THE PRACTICE OF RESOLVING DISPUTES ABOUT THE CASE WHERE THE DONOR FAILS TO FULFILL THE DONATION CONDITIONS WHEN THE DONOR HAS ALREADY HANDED OVER THE PROPERTY

Abstract

Practice of resolving disputes arising out of contracts for the giving properties as gifts with conditional, has revealed that it is very difficult for the Court to collect documents and evidences to prove that the conditions has been stated or not clearly stated in the gift giving contracts. It is because, for many different reasons, the gift giving conditions are often made by the parties in a separate written agreement but not clearly stated in the gift giving contract. Only when the recipient fails to perform the obligation or performs it improperly, the parties have disputes. Within the scope of this article, the author analyzes the practice of resolving disputes in cases where the recipient fails to fulfill the gift giving conditions while the giver has already handed over the property.