THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") IS MADE ON THE DAY, MONTH AND YEAR SPECIFIED BELOW, BY AND BETWEEN THE FOLLOWING PARTIES
Date of birth:
Birth ID no.:
(hereinafter referred to as " Donor “)
Date of birth:
Birth ID no.:
(hereinafter referred to as the " Donee “)
(Donor and Donee hereinafter jointly referred to as the "Parties" and individually as the "Party")
NOW THEREFORE, THE PARTIES HAVE AGREED AS FOLLOWS:
In this Agreement, "Thing" means
number , total area square meters, placed on the floor number of a building number (hereinafter referred to as the "Building"), placed on the land lot - allotment number (hereinafter reffered to as "Land").
and a co-ownership share in common parts of the Building in the amount of .
and a co-ownership share in the Land in the amount of
, above mentioned properties are registered in the cadastral area , municipality .
The Thing is registered at the Title Deed (list vlastnictví) number , in the cadastral register kept by the Cadastral Office for , Cadastral Branch Office (pracoviště) .
The Donor represents that the Donor is the exclusive owner of the Thing.
Subject-matter of the Agreement
The Donor hereby transfers free of charge to the Donee the ownership title to the Thing and the Donee hereby accepts the Thing as a gift into his exclusive ownership.
Dárce daruje Dar Obdarovanému .
Creation of Servitude
The Donee hereby creates a personal servitude of right of use to the Thing in a favour of a Donor (hereinafter referred to as the "Servitude") and the Donor hereby accepts the Servitude.
The Servitude is created as for .
The Donee the right to use the Thing burdened by a Servitude.
Contracting Parties acknowledge that a Servitude is created only when it is registered in the Land Register. Now, therefore, the Contracting Parties have agreed that the relevant application for registration of the Servitude in the Land Register shall be filed together with the application under paragraph 6 of this Agreement.
Risk of Damage
The Risk of damage to the Thing shall pass from the Donor to the Donee at the moment .
Contracting Parties acknowledge that the ownership title to the property is created only when it is registered in the Land Register, coming into effect as of the day when the application for registration has been filed.
The application for a registration of ownership title under this Agreement in favour of the Donee shall be submitted to the competent Cadastral Office by without a delay after the conclusion of this Agreement and the Donee is obliged to provide any assistance necessary therefor, including without a limitation, to sign the application for registration.
In case that a competent Cadastral Office rejects the objective application for registration,the Contracting Parties undertake to conclude this Agreement again or an amendement hereto, or any other document, in order to ensure that the conditions or requirements of the Cadastral Office are met as of the date when the ownership title has been registered in the Land Register.
Taxes and Charges
Contracting Parties hereby expressly agree that the tax on the transfer of the Thing shall be paid by .
The administrative fee of the Cadastral Office related to the transfer of Thing shall be paid by .
The Donee has the right to withdraw from this Agreement if any of the representations of the Donor set out in paragraph 2 of this Agreement proves to be untrue.
Withdrawal from this Agreement takes effect upon delivery of the notice of withdrawal to the other Contracting Party.
This Agreement shall be governed by and interpreted in accordance with the laws of the Czech Republic, including without limitation, by the provision of Article 2055 et seq. of Act No. 89/2012 Coll., Civil Code, as amended.
In this Agreement, unless the context clearly indicates otherwise,words in singular mean and include the plural and vice versa, words in masculine mean and include the femine and vice versa. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement.
Invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining provisions of this Agreement unless from the nature or content of this provision arises that it cannot be separated from other content of the Agreement.
This Agreement constitutes the entire agreement between the parties related to the subject matter contained herein and supersedes all prior agreements related to the subject matter of this Agreement.
This Agreement may be modified only by a written amendment signed by all parties.
This Agreement is executed in 3 counterparts. Each of the parties shall receive 1 counterpart of this Agreement and 1 counterpart receive the Cadaster Office.
Each of the parties hereto shall bear its own costs incurred in connection with entering into this Agreement.
This Agreement becomes valid and effective when signed by all parties.
The parties have read this Agreement, agreed to its content, and declare that it has been agreed on the basis of their free will.
IN WITNESS WHEREOF, THE PARTIES HAVE DULY AFFIXED THEIR SIGNATURES BELOW
In , on
In , on