Schenkungs

Schenkungen, or gifts, are the gratuitous transfers of property or rights from one person (the donor) to another (the donee). In civil law, a gift is typically implemented through a Schenkungsvertrag (gift contract) in which the donor undertakes to transfer ownership without consideration and the donee agrees to accept. The transfer of ownership usually occurs upon delivery of the thing; for real estate, additional formal steps—such as a notarial act and entry in the land register—are required.

Forms include ordinary gifts and gifts with conditions (Schenkung unter Auflage). The donor can attach limitations or duties, and the agreement generally becomes binding once the donee accepts.

Tax and valuation: Gifts may be subject to Schenkungssteuer (gift tax) depending on the value of the gift and the relationship between donor and donee, with exemptions for close relatives. The specifics vary by jurisdiction; many systems provide tax-free allowances and progressive rates.

Practical aspects: Documentation is important, especially for substantial transfers. In many countries, a gift can be revoked or challenged only under particular legal rules; for real estate, notarization protects all parties.

See also: Schenkung, Schenkungssteuer, Erbschaft.