Contrat de donation (Québec)

A Quebec donation contract (contrat de donation) is a formal legal document used to effect a gratuitous transfer of property from one person (the donor or donateur) to another (the donee or donataire) under the Civil Code of Quebec, specifically articles 1806 to 1841. In Quebec civil law, which follows the civilian tradition inherited from French law, a donation is a nominate contract with specific rules and requirements that distinguish it from simple gifts in common law jurisdictions. Under article 1806 C.c.Q., a donation is defined as a contract by which a person transfers ownership of property gratuitously, in whole or in part, to another person. The donation between living persons (donation entre vifs) is the most common form and takes effect immediately upon acceptance by the donee. One of the most important characteristics of the inter vivos donation under Quebec law is its irrevocability, established by article 1821 C.c.Q. Once the donee has accepted the donation, the donor cannot generally take back the property. This principle reflects the civilian tradition of protecting the donee's reliance on the gift. However, the Code provides limited exceptions allowing revocation for ingratitude or non-fulfillment of conditions, ensuring a balance between the donor's generosity and the donee's obligations.

A Quebec donation contract is needed whenever an individual wishes to make a formal, legally binding gratuitous transfer of property to another person under Quebec civil law. This document is particularly important when the gift involves property of significant value, such as a vehicle, valuable personal property, financial assets, or a sum of money, where proper documentation is essential for legal and tax purposes. Parents frequently use donation contracts to transfer property to their adult children, either as advancement on inheritance or as outright gifts, and proper documentation helps establish the nature and terms of the transfer. The contract is also essential when the donor wishes to attach conditions or charges to the donation, such as requiring the donee to maintain the property in a certain condition, use it for a specific purpose, or refrain from selling it for a defined period. Without a written contract, proving the existence and terms of such conditions would be extremely difficult. Additionally, a donation contract is needed for tax reporting purposes, as both federal and provincial tax authorities require documentation of property transfers, and the deemed disposition rules make it important to establish the fair market value of the donated property at the time of transfer. Charitable donations also benefit from formal documentation, as donors may be entitled to tax credits.

The key elements of a Quebec donation contract include several essential components mandated by the Civil Code of Quebec. First, the complete identification of the donor (donateur) is required, including full legal name, address, date of birth, and a declaration of capacity to make the donation. Second, the donee (donataire) must be fully identified with their name, address, and relationship to the donor. Third, a detailed description of the donated property is essential, including its type (movable or immovable), specific identification details (serial numbers, lot numbers, etc.), and its estimated fair market value. Fourth, any conditions or charges attached to the donation must be clearly stated, as these are enforceable under article 1810 C.c.Q. and their non-fulfillment may constitute grounds for revocation. Fifth, the formal acceptance by the donee must be recorded, as article 1814 C.c.Q. requires acceptance for the donation to be valid. Sixth, an acknowledgment of the irrevocable nature of the donation under article 1821 C.c.Q. ensures both parties understand the permanent nature of the transfer. Seventh, the grounds for revocation under articles 1836 to 1838 C.c.Q. should be specified to inform both parties of their rights. Eighth, tax implications should be noted to encourage parties to seek professional advice. Ninth, a good faith clause pursuant to article 1375 C.c.Q. and a governing law clause referencing the applicable provisions of the Code civil du Quebec complete the document.