THE CONCEPT OF FREE ACCEPTANCE OF DONATIONS (A Critical Analysis of the Rule of Paragraph 2 of Article 582 of the Civil Code of the Russian Federation)

Abstract

The interpretation of the rule of paragraph 2 of Article 582 of the Civil Code of the Russian Federation, reflecting the concept of free acceptance of donations (regardless of anyone’s permission or consent), is not explicit in doctrine and in practice. Moreover, the issue of the (in)expediency of its adjustment or outright cancellation is discussed. Purposes: To reveal the meaning and function of the specified legal provision (primarily from the perspective of the irrevocability of considering the donee’s will to accept the donation); To identify the limitations of the concept’s scope of application (including subjective and objective limitations); To analyze the aspect of the (il)legality of decentralized regulation of the donation acceptance mechanism (in terms of assessing the rule as imperative or dispositive). Methods: general theoretical – formal and dialectical logic; specific scientific – legal-dogmatic (primarily for identifying the general meaning of the concept, taking into account the contractual nature of donation), legal modeling (in particular, for determining the appropriateness of the “blanket” application of the concept), interpretation of legal norms (including for resolving the issue of the inherent application of rules regarding transaction consents). Results: The study proves that the concept, not relating to the donee’s expression of will, holds significant legal importance – it prevents the use of already established approval regimes or the introduction of new ones. The article substantiates that under the current legislation, the acceptance of donations is free from control not only by government authorities but also by private individuals (although in some cases, such scaling seems inappropriate). The author emphasizes that the concept’s effect does not extend to restrictive instruments other than approval (e.g., prohibitions), nor to the transfer of a donation, consequently, among other things, the rules regarding the disposal of property by holders of limited property rights are applicable to donations; the unacceptable nature of a fundamental prohibition of local regulation concerning the acceptance of donations is argued.